379.14 
I  *0  61o 
1877 


ILLINOIS 

School  Law, 

INCLVDING  THE  LATEST 

AMENDMENTS  AND  ACTS. 


1872-1877 . 


THE  ILLINOIS  SCHOOL  LAW. 


1872-18TT. 


AN  ACT 


—  TO  — 


ESTABLISH  AND  MAINTAIN 


—  A  — 

System  of  Free  Schools 

APPROVED  APRIL  1,  1872. 


INCLUDING  AMENDMENTS  TO  SECTIONS  24  AND  33,  APPROVED  MAY  23,  1877, 
WITH  AN  APPENDIX  CONTAINING  ALL  ACTS  RELATIVE  TO 
SCHOOLS,  IN  FORCE  JULY  1,  1877. 


SPRINGFIELD: 

D.  W.  LUSK,  STATE  PRINTER  AND  BINDER. 

1877. 


EXTRACT  FROM  THE-  COXSTITUTIOX  OF  ILLINOIS. 


ARTICLE  VI TI. 


EDUCATION. 

§  1.  The  general  assembly  shall  provide  a  thorough  and  efficient 
system  of  free  schools,  whereby  all  children  of  this  State  may  receive  a 
good  common  school  education. 

§  2.  -A.11  lands,  moneys,  or  other  property,  donated  granted  or  re¬ 

ceived  for  school,  college,  seminary  or  university  purposes,  and  the 
proceeds  thereof,  shall  be  faithfully  applied  to  tlie  objects  for  which 
such  gifts  or  grants  w^ere  made. 

§  3.  Neither  the  general  assembly  nor  any  county,  city,  town, 
township,  school  district,  or  other  public  corporation,  shall  ever  make 
any  appropriation  or  pay  from  any  public  fund  whatever,  anything 
in  aid  of  any  church  or  sectarian  pur23ose,  or  to  help  support  or  sus¬ 
tain  any  school,  academy,  ^  seminary,  college,  university,  or  other 
literarv  or  scientific  institution,  controlled  by  any  church  or  sectarian 
denomination  whatever ;  nor  shall  anv  grant  or  donation  of  land 
money  or  other  personal  property  ever  be  made  by  the  state  or  an  v 
such  public  corporation,  to  any  church,  or  for  any  sectarian  purpose.* 

teacher,  state,  county,  township,  or  district  school  officer 
shall  be  interested  in  the  sale,  proceeds  or  profits  of  any  book,  appara- 
tus  or  furniture,  used  or  to  be  used,  in  any  school  in  this  state,  with 
which  such  officer  or  teacher  may  be  connected,  under  such  penalties 
as  may  be  provided  by  the  general  a.ssembly. 

§  5.  There  may  he  a^  county  superintendent  of  schools  in  each 
county,  whose  qualifications,  poAver?,  duties  compensation  and  time. 

election,  and  term  of  office,  shall  be  prescribed  by 


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II  A-  1 


A‘N  ACT 


TO  ESTABLISH  AND  MAINTAIN  A  SYSTEM  OF 

FREE  SCHOOLS. 


Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois^ 
repi'esented  in  the  General  Assembly : 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION — HIS  ELEC¬ 
TION  AND  DUTIES. 

That  at  the  election  to  be  held  on  Tuesday  after  the  Timeofeie#- 
first  Monday  of  November,  in  the  year  of  our  Lord  one  thou-^^®^' 
and  eight  hundred  and  seventy-four,  and  quadrennially 
thereafter,  there  shall  be  elected,  by  the  legal  voters  of  this 
State,  a  State  Superintendent  of  Public  Instruction,  who 
shall  hold  his  office  for  four  years  from  the  second  Monday 
in  January  next  after  his  election,  and  until  his  successor 
is  duly  elected  and  qualified. 

§  2.  Before  entering  on  his  duties  he  shall  take  and  sub-  oath  and  bond, 
scribe  the  oath  of  office  prescribed  by  the  constitution,  and 
shall  also  execute  a  bond,  in  the  penalty  of  twenty-five 
thousand  dollars,  payable  to  the  State  of  Illinois,  with  secu¬ 
rities  to  be  approved  by  the  Governor,  conditioned  for  the 
prompt  discharge  of  his  duties  as  Superintendent  of  Public 
Instruction,  and  for  the  faithful  application  and  disposition, 
according  to  law,  of  all  school  moneys  that  may  come  into 
his  hands  by  virtue  of  his  office.  Said  bond  and  oath  shall 
be  deposited  with  the  Secretary  of  Sate,  and  an  action  may 
be  maintained  thereon  by  the  State,  at  any  time,  for  a 
breach  of  the  conditions  thereof. 

§  3.  It  shall  be  his  duty  to  keep  an  office  at  the  seat  of 
government  of  the  State,  and  to  file  all  papers,  reports  andSSce. 
public  documents  transmitted  to  him  by  the  school  officers 
of  the  several  counties,  each  year  separately,  and  to  keep 
and  preserve  all  other  public  documents,  books  and  papers 
relative  to  schools,  coming  into  his  hands  as  State  Superin¬ 
tendent,  and  to  hold  the  same  in  readiness  to  be  exhibited 
to  the  Governor,  or  to  any  committee  of  either  House  of  the 
General  Assembly;  and  shall  keep  a  fair  record  of  all  mat¬ 
ters  pertaining  to  the  business  of  his  office. 


6 


§  4.  He  shall,  without  delay,  pay  over  all  sums  of  money 
which  may  come  into  his  hands  by  virtue  of  his  office,  to 
the  officer  or  person  entitled  to  receive  the  same,  in  such 
manner  as  may  be  prescribed  by  law. 

§  5.  He  shall  counsel  and  advise,  in  such  manner  as  he 
may  deem  most  advisable,  with  experienced  and  practical 
school  teachers,  as  to  the  best  manner  of  conducting  com¬ 
mon  schools. 

Adriser  of  §  6.  Said  Superintendent  shall  have  the  supervision  of 

Sten^denS^^*  all  the  common  and  public  schools  in  the  State,  and  shall 
be  the  general  adviser  and  assistant  of  County  Superinten¬ 
dents  of  Schools  in  this  State :  he  shall  from*  time  to  time, 
as  he  shall  deem  for  the  interests  of  schools,  address  circu¬ 
lar  letters  to  said  superintendents,  giving  advice  as  the 
best  manner  of  conducting  schools,  constructing  school 
houses,  furnishing  the  same,  examining  and  procuring  com¬ 
petent  teachers. 

EeporttogoT-  §  7.  Said  State  Superintendent  shall,  on  or  before  the 

ernor.  fifteenth  day  of  December  preceding  each  regular  session  of 

the  General  Assembly,  report  to  the  Governor  the  condi¬ 
tion  of  the  schools  in  the  several  counties  of  the  State,  the 
whole  number  of  schools  which  have  been  taught  in  each 
county  in  each  of  the  preceding  years,  commencing  on  the 
first  of  October ;  what  part  of  said  number  have  been  taught 
by  males  exclusively,  and  what  part  by  females  exclusive¬ 
ly  ;  what  part  of  said  whole  number  have  been  taught  by 
males  and  females  at  the  same  time,  and  what  part  by 
males  and  females  at  different  periods ;  the  number  of  schol¬ 
ars  in  attendance  at  said  schools ;  the  number  of  persons  in 
each  county  under  twenty-one  years  of  age,  and  the  num¬ 
ber  of  such  persons  betw^een  the  ages  of  twelve  and  twenty- 
one  years  that  are  unable  to  read  and  write  ;  the  amount  of 
township  and  county  funds ;  the  amount  of  the  interest  of 
the  state  or  common  school  fund,  and  of  the  interest  of 
the  township  and  the  county  fund  annually  paid  out ;  the 
amount  raised  by  an  ad  valorem  tax;  the  whole  amount  an¬ 
nually  expended  for  schools  ;  the  number  of  school  houses, 
their  kind  and  condition ;  the  number  of  townships  and 
parts  of  townships  in  each  county;  the  number  and  descrip¬ 
tion  of  books  and  apparatus  purchased  for  the  use  of  schools 
and  school  libraries  under  the  provisions  of  this  act,  the 
price  paid  for  the  same,  and  total  amount  purchased,  and 
what  quantity  and  how  distributed ;  and  the  number  and 
condition  of  the  liljraries,  together  with  such  other  infor¬ 
mation  and  suggestions  as  he  may  deem  important  in  rela¬ 
tion  to  the  school  laws,  schools,  and  the  means  of  promoting 
education  thi'oughout  the  State  ;  which  report  shall  be  laid 
before  the  General  Assembly  at  each  regular  session. 

§  8.  The  said  State  Superintendent  of  Public  Instruc¬ 
tion  shall  make  such  rules  and  regulations  as  may  be  neces¬ 
sary  and  expedient  to  carry  into  efficient  and  uniform  effect 
the  provisions  of  this  act,  and  of  all  thelaw^s  which  now  are 
or  may  hereafter  be  in  force  for  establishing  and  maintain- 


7 

ing  free  schools  in  this  State  ;  and  shall  be  the  legal  adviser 
of  all  school  officers,  and  when  requested  by  any  such  school 
officer,  shall  give  his  opinion  in  writing  upon  any  question 
arising  under  the  school  laws  of  this  State. 

§  9.  The  said  State  Superintendent  shall  have  power  to 
direct  and  cause  the  County  Superintendent  of  any  county, 
directors  or  boards  of  trustees  or  township  treasurer  of  arw 
township,  or  other  school  officer,  to  withhold  from  any  offi¬ 
cer,  township,  district  or  teacher,  any  part  of  the  common 
school,  or  township,  or  other  school  fund,  until  such  officer, 
township  treasurer  or  teacher  shall  have  made  all  schedules, 
reports  and  returns  required  of  him  by  this  act,  and  until 
such  officer  shall  have  executed  and  filed  all  official  bonds 
and  accounted  for  all  common  school  or  township  or  other 
school  funds  wffiich  have  heretofore  come  into  his  hands,  as 
required  of  him  by  this  act. 

§  10.  And  the  said  state  superintendent  shall  receive, 
annually,  such  sum  as  may  be  provided  by  law,  as  a  salary 
for  the  services  required  under  the  provisions  of  this  act, 
or  any  other  law  that  may  be  passed,  and  also  all  necessary 
contingent  expenses,  for  books,  postage  and  stationery  per¬ 
taining  to  his  office — to  be  audited  and  paid  by  the  state, 
as  the  salaries  and  contingent  expenses  of  other  officers  are 
paid. 

COUNTY  SUPERINTENDENTS — THEIR  ELECTION  AND  DUTIES. 

§  11.  On  the  Tuesday  next  after  the  first  Monday  in  No¬ 
vember,  one  thousand  eight  hundred  and  seventy-three, 
and  every  four  years  thereafter,  there  shall  be  elected  by 
the  qualified  voters  of  every  county  in  this  state,  a  county 
superintendent  of  schools,  who  shall  perform  the  duties  re¬ 
quired  by  law.  He  shall,  before  entering  upon  his  duties, 
take  the  oath  prescribed  by  the  constitution,  and  execute  a 
bond,  payable  to  the  state  of  Illinois,  with  two  or  more  re¬ 
sponsible  freeholders  as  security,  to  be  approved  by  the 
county  board,  or  judge  and  clerk  of  the  county  court,  in 
penalty  of  not  less  than  twelve  thousand  dollars,  to  be  in¬ 
creased  at  the  discretion  of  said  board,  conditioned  that  he 
will  faithfully  perform  all  the  duties  of  his  office  according 
to  the  laws  wffiich  are  or  may  be  in  force;  by  which  bond 
the  obligators  shall  be  bound  jointly  and  severally,  and  upon 
which  an  action  or  actions  may  be  maintained  by  the  board 
of  trustees  in  the  proper  township,  for  the  benefit  of  any 
township  or  fund  injured  by  any  breach  thereof ;  and  joint 
action  may  be  had  for  two  or  more  funds. 

§  12.  The  bond  required  in  the  foregoing  section  shall 
be  in  the  following  form,  viz: 

State  of  Illinois,  ) 

.  County,  j 

Know  all  men  by  these  presents,  that  we,  A  B,  C  D  and  E  F,  are  held  and  firmly 
bound,  jointly  and  severally,  unto  the  People  of  the  State  of  Illinois,  in  the  penal 
sum  of dollars,  to  the  payment  of  which  we  bind  ourselves,  our  heirs,  exe¬ 
cutors  and  administrators,  firmly  by  these  presents. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals,  this . day  of 

. ,  A.  D.  18... 


To  be  legal  ad¬ 
viser  of  sch(X)l 
officers. 


May  cause 
fun  as  to  be 
withheld. 


Salary  and  of¬ 
fice  expenses. 


Election. 


Oath  and  bond. 


Form  of  bond. 


8 


County  super¬ 
intendent  lia¬ 
ble  to  removal. 


Supervisors 
may  require  a 
new  bond. 


Vacancies. 


Books  required 
to  be  kept. 


To  pass  upon 
bond  of  town¬ 
ship  treasurer. 


The  condition  of  the  above  obligation  is  such  that  if  the  above  bounden  A 
B,  county  superintendent  of  the  county  aforesaid,  shall  faithfully  discharge  all  the 
duties  of  said  office,  according  to  the  laws  whi(ffi*^ow  are  or  may  hereafter  be  in 
force,  and  shall  deliver  over  to  his  successor  in  office  all  moneys,  books,  papers  and 
property  in  his  hands,  as  such  county  superintendent,  then  'this  obligation  to  be 
void ;  otherwise  to  remain  in  full  force  and  virtue. 


A  B, 
C  D, 
E  F. 


SEAL. 

SEAL 

SEAL.' 


And  which  bond  shall  be  filed  in  the  office  of  the  county 
clerk. 

§  13.  The  said  superintendent  shall  be  liable  to  removal 
by  the  county  board  for  any  palpable  violation  of  law  or 
omission  of  duty ;  and  if  a  majority  of  said  board  shall  at 
any  time  be  satisfied  that  his  bond  is  insufficient,  it  shall 
be  his  duty,  on  notice,  to  execute  a  new  bond,  to  be  payable, 
conditioned  and  approved  as  the  first  bond,  the  execution 
of  which  shall  not  affect  the  old  bond,  or  the  liability  of  the 
security  thereof ;  and  when  the  office  of  county  superinten¬ 
dent  shall  become  vacant  by  death,  resignation  or  other¬ 
wise,  the  county  board  shall  fill  the  same  by  appointment, 
and  the  person  so  appointed  shall  hold  his  office  until  the 
next  election  of  countv  officers,  at  wffiich  election  the  county 
ooard  shall  order  the  election  of  a  successor. 

§  14.  The  said  superintendent  shall  provide  three  well 
bound  books,  to  be  known  and  designated  by  the  letters  A, 
B,  C,  for  the  following  purpose:  In  book  A,  he  shall  re¬ 
cord,  at  length,  all  petitions  presented  to  him  for  the  sale  of 
common  school  lands,  and  the  plats  and  certificates  of  valu¬ 
ation  made  by  or  under  the  direction  of  the  trustees  of 
schools,  and  the  affidavits  in  relation  to  the  same.  In  book 
B,  he  shall  keep  an  account  of  all  sales  of  common  school 
lands  ;  which  account  shall  contain  the  date  of  sale,  name  of 
purchaser,  description  of  land  sold,  and  the  sum  sold  for.  In 
book  C,  he  shall  keep  a  regular  account  of  all  moneys  re¬ 
ceived  for  lands  sold,  or  otherwise,  and  loaned  or  paid  out ; 
the  person  of  whom  received,  and  on  what  account,  and 
showing  whether  it  is  principal  or  interest ;  the  person  to 
whom  loaned,  the  time  for  wffiich  the  loan  was  made,  the 
rate  of  interest,  the  names  of  the  securities  when  personal 
security  is  taken,  or,  if  real  estate  is  taken  as  security,  a 
description  of  said  real  estate,  and  if  paid  out,  to  whom, 
when,  and  on  what  account,  and  the  amount  paid  out ;  the 
list  of  sales  and  the  accounts  of  each  township  fund  to  be 
kept  separate.  Said  books  shall  be  paid  for  out  of  the 
countrv  treasurv  of  the  counties  in  which  thev  are  used. 

§  15.  Whenever  the  bond  of  any  township  treasurer, 
approved  by  the  board  of  trustees  of  schools,  as  required  by 
law,  shall  be  delivered  to  the  county  superintendent,  he 
shall  carefully  examine  the  same,  and  if  the  instrument  is 
found  to  be  in  all  respects  according  to  law,  and  the  securi¬ 
ties  good  and  sufficient,  he  shall  indorse  his  approval  there¬ 
on,  and  file  the  same  with  the  papers  of  his  office ;  but  if 
said  bond  is  in  any  respect  defective,  he  shall  return  it  for 
correction.  When  the  bond  shall  have  been  dulv  received 


and  filed,  the  superintendent  shall,  on  demand,  deliver  to 
said  township  treasurer  all  moneys,  bonds,  mortgages,  notes 
and  securities,  and  all  papers  of  every  description  belong¬ 
ing  to  said  township ;  and  the  said  towmship  treasurer  shall 
receipt  for  the  same,  which  receipt  shall  be  carefully  filed 
and  preserved  by  the  county  superintendent,  and  shall  be 
evidence  of  the  fact  therein  stated. 

§  16.  Upon  the  receipt  of  the  amount  due  upon  the 
tor’s  Avarrant,  the  county  superintendent  shall  apportion  ship. 
said  amount  to  the  several  toAvnships  and  parts  of  toAvn- 
ships  in  his  county  in  which  townships  or  parts  of  toAvn- 
ships  schools  have  been  kept  in  accordance  Avith  the  pro¬ 
visions  of  this  act  and  Avith  the  instructions  of  the  state 
and  county  superintendent,  according  to  the  number  of 
children,  under  tAventy-one  years  of  age,  returned  to  him, 
and  shall  pay  over  the  distributive  share  belonging  to  each 
toAvnship  and  fractional  township,  to  the  respective  toAvn- 
ship  treasurers,  or  other  authorized  person,  annually:  Pro-  t,, 

vided^  That  no  part  of  the  state,  county,  or  other  school  fund  be  paid  tiii 
shall  be  paid  to  any  toAvnship  treasurer,  or  other  person  ^ 
authorized  by  said  treasurer,  unless  said  township  treasurer, 
has  filed  his  bond,  as  required  by  the  fifty-fifth  section  of 
this  act,  nor  in  case  said  treasurer  is  reappointed  by  the 
trustees,  unless  he  shall  have  reneAved  his  bond  and  filed 
the  same  as  aforesaid. 

§  17.  On  or  before  the  first  Monday  of  November  before  Report  to  state 
each  regular  session  of  the  general  assembly,  or  annually,  superintendent 
if  so  required  by  the  state  superintendent,  the  county  super¬ 
intendent  shall  communicate  to  said  state  superintendent 
all  such  information  and  statistics  upon  the  subject  of 
schools  in  his  county  as  the  said  state  superintendent  is 
bound  to  embody  in  his  report  to  the  governor,  and  such 
other  information  as  the  state  superintendent  shall  require ;  Liable  to  re- 
and  any  county  superintendent  so  failing  or  refusing  to 
port,  shall  be  liable  to  removal  by  the  county  board  for  such 
neglect  of  duty. 

§  18.  The  county  superintendent,  upon  his  removal  or 
resignation,  or  at  the  expiration  of  his  term  of  service  (or  in 
case  of  his  death,  his  representatiA^es),  shall  deliver  over  to 
his  successor  in  office,  on  demand,  all  moneys,  books,  papers, 
and  personal  property  belonging  to  the  office,  or  subject 
to  the  control  or  disposition  of  the  county  superintendent. 

§  19.  The  county  superintendent  may  loan  any  money, 
not  interest,  belonging  to  the  county  fund,  before  the  same  Toioaueouu- 
is  called  for,  according  to  laAV,  by  the  township  treasurer, 
at  the  same  rate  of  interest,  upon  the  same  security  and  for 
the  same  length  of  time  as  is  provided  by  this  act  in  rela¬ 
tion  to  the  township  treasurers,  and  apportion  the  interest 
as  provided  in  section  sixteen  of  this  act;  and  notes  and  interest appor- 
mortgages  taken  in  the  name  of  the  “  county  superintend- 
ent  ”  of  the  proper  county,  are  hereby  declared  to  be  as  valid 
as  if  taken  in  the  name  of  “  trustees  of  schools  ”  of  the 
proper  toAvnship,  and  suits  may  be  brought  in  the  name  of 


10 


mortgagS^^^n  county  superintendePits,”  on  all  notes  and  mortgages  here- 
his  favor.  tofore  or  hereafter  made  payable  to  the  county  superinten¬ 
dents. 


Visitation  of 
schools. 


Official  adviser. 


Controveries 

—appeal. 


Failure  of  trus¬ 
tees  to  furnish 
statistics. 


County  super¬ 
intendent  t  o 
employ  a  com¬ 
petent  person. 


Suit  against 
the  trustees  as 
individuals. 


May  re-sell  real 
estate. 


§  20.  It  shall  be  the  duty  of  the  county  superintendent,, 
if  so  directed  by  the  county  board,  to  visit,  at  least  once  in 
each  year,  every  school  in  his  county,  and  to  note  the 
methods  of  instruction,  the  branches  taught,  the  text  books 
used,  and  the  discipline,  government  and  general  condition 
of  the  schools.  He  shall  give  such  directions  in  the  science^ 
art  and  methods  of  teaching  as  he  may  deem  expedient  and 
necessary,  and  shall  be  the  official  adviser  and  constant  as¬ 
sistant  of  the  school  officers  and  teachers  of  his  county,  and 
shall  faithfullv  carrv  out  the  advice  and  instruction  of  the 
state  superintendent.  He  shall  encourage  the  formation 
and  assist  in  the  management  of  county  teachers’ institutes, 
and  labor  in  every  practicable  way  to  elevate  the  standard 
of  teaching  and  improve  the  condition  of  the  common 
schools  of  his  county.  In  all  controversies  arising  under 
the  school  law,  the  opinion  and  advice  of  the  county  super¬ 
intendent  shall  first  be  sought,  whence  appeal  may  be  taken 
to  the  state  superintendent,  upon  a  written  statement  of 
facts,  certified  by  the  county  superintendent. 

§  21.  In  all  cases  where  the  township  board  of  trustees 
of  any  township  shall  fail  to  prepare  and  forward,  or  cause 
to  be  prepared  and  forwarded,  to  the  county  superintendent, 
the  information  and  statistics  required  of  them  in  this  act, 
it  shall  be  the  duty  of  said  county  superintendent  to  employ 
a  competent  person  to  take  the  enumeration  and  furnish 
said  statistical  statement,  as  far  as  practical,  to  the  super¬ 
intendent  ;  and  said  person  so  employed  shall  have  free 
access  to  the  books  and  papers  of  said  township,  to  enable 
him  to  make  such  statement ;  and  the  township  treasurer, 
or  other  officer  or  person  in  whose  custody  such  books  and 
papers  may  be,  shall  permit  said  person  to  examine  such 
books  and  papers,  at  such  times  and  places  as  such  person 
may  desire  for  the  purposes  aforesaid ;  and  the  said  county 
superintendent  shall  allow,  and  jDay  to  the  person  %o  em¬ 
ployed  by  him,  for  the  services,  such  amount  as  he  may 
judge  reasonable,  out  of  any  money  which  is  or  may  come 
into  said  superintendent’s  hands,  apportioned  as  the  share 
of,  or  belonging  to  such  township;  and  the  said  county 
superintendent  shall  proceed  to  recover  and  collect  the 
amount  so  allowed  or  paid  for  such  services,  in  a  civil  action 
before  any  justice  of  the  peace  in  the  county,  or  before  any 
court  having  jurisdiction,  in  the  name  of  the  People  of  the 
State  of  Illinois,  of  and  against  the  trustees  of  schools  of 
said  township,  in  their  individual  capacity;  and  in  such 
suit  or  suits  the  said  county  superintendent  and  township 
treasurer  shall  be  competent  witnesses  ;  and  the  money  so 
recovered,  when  collected,  shall  be  paid  over  to  the  county 
superintendent  for  the  benefit  of  said  township,  to  replace 
the  money  taken  as  aforesaid. 

§  22.  When  any  real  estate  shall  have  been  taken  for 


11 


debts  due  to  any  school  fund,  the  title  to  which  real  estate 
has  become  vested  in  any  county  superintendent,  or  trus¬ 
tees  of  schools,  for  the  use  of  the  inhabitants  of  one  or  more 
townships,  the  county  superintendent,  or  trustees  of  schools, 
may  re-sell  such  real  estate  for  the  benefit  of  said  township 
or  townships,  under  the  provisions  of  this  act  regulating  the 
sale  of  the  common  school  lands,  and  the  said  superintend¬ 
ent,  or  trustees  of  schools,  is  hereby  authorized  to  execute 
conveyances  to  purchasers. 


TOWNSHIPS — TRUSTEES  OF  SCHOOLS. 


§.23.  Each  congressional  township  is  hereby  established  school  town- 
a  township  for  school  purposes,  but  when  any  fractional  ship, 
township  contains  less  than  forty  persons  under  twenty-one 
years  of  age,  the  trustees  thereof,  upon  a  petition  of  a  'ma¬ 
jority  of  the  inhabitants  of  such  fractional  township,  may, 
by  written  agreement  entered  into  with  the  board  of  trus¬ 
tees  of  any  adjacent  township,  consolidate  the  territory.  Fractional 
school  funds  and  other  property  of  such  fractional  township  townships^may 
with  such  adjacent  township,  and  thereafter  shall  cease  to 
exercise  the  functions  of  school  trustees  for  such  fractional 
township;  and  such  territory,  school  funds  and  other  prop¬ 
erty  aforesaid  shall  thereafter  be  managed  by  the  board  of 
trustees  of  the  adjacent  and  consolidated  township,  in  ac¬ 
cordance  with  the  terms  of  agreement  aforesaid,  in  the  same 
rfian  ner  as  is  or  may  be  provided  by  law  for  the  management 
of  the  territory,  funds  and  other  property  of  school  town¬ 
ships.  The  business  of  the  township  shall  be  done  by  three  Trustees  a 
trustees,  to  be  elected  by  the  legal  voters  of  the  township,  body  poutic. 
who,  upon  their  election,  as  hereinafter  provided,  shall  be  a 
body  politic  and  corporate,  by  the  name  and  style  of  “  Trus¬ 
tees  of  Schools  of  Township . ,  Range . according  to 

the  number.  The  said  corporation  shall  have  perpetual  ex¬ 
istence;  shall  have  power  to  sue  and  be  sued,  to  plead  and 
be  impleaded  in  all  courts  and  places  where  judicial  pro¬ 
ceeding  are  had.  Said  trustees  shall  continue  in  office 
three  years,  and  until  others  are  elected  and  enter  upon  the 
duties  of  their  office.  At  the  first  regular  election  of  trus¬ 
tees,  after  the  passage  of  this  act,  a  successor  to  the  trustee 
whose  term  of  office  then  expires  shall  be  elected,  and  there¬ 
after  one  trustee  shall  be  elected  annuallv. 


Term  of  office. 


§  24.  No  person  shall  be  eligible  to  the  office  of  trustee  j.ggi, 

of  schools,  unless  twenty-one  years  of  age,  and  a  resident  of  rteuce. 
the  township.  And  where  there  are  three  or  more  school 
districts  in  any  township,  no  two  trustees  shall  reside,  when 
elected,  in  the  same  school  district.  [As  amended  by  act 
approved  May  23, 1877.] 

§  25.  The  election  of  trustees  of  schools  shall  be  on  the  Election 
second  Saturday  in  April,  annually;  but  in  townships  where 
such  election  has  not  been  heretofore  had,  or  where  there 
are  no  trustees  of  schools,  the  election  of  trustees  of  schools 


12 


postpone 
tioa 


may  be  holden  on  any  Saturday,  notice  beinsc  giyen  as 
hereinafter  in  this  section  required.  The  first  election 
shall  be  ordered,  if  in  townships  already  incorporated,  by 
the  trustees  of  schools  of  the  township,  the  township  treas¬ 
urer  giying  notice  of  the  time  and  place  by  posting  notices 
of  the  same  at  least  ten  days  preyious  to  the  day  of  election, 
in  not  less  than  fiye  of  the  most  public  places  in  the  town¬ 
ship.  If  there  are  no  trustees  of  schools  in  a  township,  the 
county  clerk  shall  cause  the  notice  to  be  giyen  as  aforesaid, 
and  in  such  case  the  trustees  elected  at  their  first  meeting 
shall  draw  lots  for  their  respectiye  terms  of  office  for  one, 
two  and  three  years,  and  thereafter  one  trustee  shall  be 
elected  annually,  to  fill  the  yacancy  occurring.  For  all 
subsequent  elections,  the  like  notices  shall  be  given  by- the 
Judges  may  trustees  of  schools,  through  the  township  treasurer:  Pro- 

that  if  upon  any  day  appointed  as  aforesaid,  for 
election  aforesaid,  the  said  trustees  of  schools,  or  judges, 
shall  be  of  opinion  that,  on  account  of  the  small  attendance 
of  voters,  the  public  good  requires  it,  or  if  the  voters 
present,  or  a  majority  of  them  shall  desire  it,  they  shall 
postpone  said  election  until  the  next  Saturday,  and  at  the 
same  place  and  hour ;  at  which  meeting  the  voters  shall 
proceed  as  if  it  were  not  a  postponed  or  adjourned  meeting : 
And,  proxided,  also,  that  if  notice  shall  not  have  been  given 
as  above  required,  then,  and  in  that  case,  said  election  may 
Election  cube  Ordered  as  aforesaid,  and  holden  on  the  first  Saturday  in 
any  Saturday.  ]\Xay,  or  any  other  Saturday  ;  notice  thereof  being  given  as 
aforesaid :  And,  provided,  also,  that  if  the  township  treas¬ 
urer  shall  fail  or  refuse  to  give  notice  of  the  regular  election 
of  trustees,  as  aforesaid,  and  if,  in  case  of  a  vacancy,  the  re¬ 
maining  trustee  or  trustees  shall  fail  or  refuse  to  order  an 
election  to  fill  such  vacancy,  as  required  in  section  twenty- 
nine  of  this  act,  then,  and  in  each  case,  it  shall  be  the 
County  super- duty  of  the  county  superintendent  to  order  an  election  of 
dT/eiwUon!°'^  trustees  to  fill  such  vacancies,  as  aforesaid ;  and  all  elec¬ 
tions  so  ordered  and  held  shall  be  valid  to  all  intents  and 
purposes  whatever. 

§  26.  The  trustees  of  schools  of  incorporated  townships, 
present,  shall  act  as  judges,  and  choose  a  person  to  act  as 
clerk  of  said  election.  If  said  trustees  (or  any  of  them) 
shall  fail  to  attend,  or  refuse  to  act  when  present,  the  elec¬ 
tors  present  shall  choose  from  their  own  number  such  addi¬ 
tional  judges  as  may  be  necessary  ;  and  in  townships  unin¬ 
corporated,  the  qualified  voters  present  shall  choose  from 
amongst  themselves  the  number  of  judges  required  to  open 
and  conduct  said  election. 

coHduct  of  §  27.  The  time  and  manner  of  opening,  conducting  and 
elections.  closing  Said  election,  and  the  several  liabilities  appertaining 
to  the  judges  and  clerks,  and  to  the  voters  separately  and 
Contesting  collectively,  and  the  manner  of  contesting  said  elections, 
'elections.  shall  be  the  same  as  prescribed  by  the  general  election  laws 
of  this  state  defining  the  manner  of  electing  magistrates 
and  constables,  so  far  as  applicable,  subject  to  the  provision.^ 


Judges  of  elec¬ 
tion. 


13 


of  this  act :  Provided^  that  said  election  may  commence,  closed  ^at^four 
so  specified  in  the  notice,  at  any  hour  between  the  hours  of  o’clock,  p.  m. 
eight  A.  M.  and  one  P.  M.,  and  the  judges  may  close  such 
election  at  four  P.  M.  :  And^  provided,  further,  that  in 
counties  adopting  township  organization,  in  each  and  every  trusfels*^a?\he 
township  whose  boundaries  coincide  and  are  identical  with  town  meeting, 
those  of  the  town,  as  established  under  the  township  organi¬ 
zation  laws,  the  trustee  or  trustees  shall  be  elected  at  the 
same  time  and  in  the  same  manner  as  the  town  officers ; 
and  all  elections  heretofore  held  at  such  time  and  in  such 
manner  in  such  townships,  are  hereby  legalized.  And  in 
all  such  townships,  if  no  trustees  are  elected  at  the  stated 
town  meeting,  and  when  vacancies  occur  in  the  board,  an 
election  of  trustee  or  trustees  shall  be  ordered  by  the  trus¬ 
tees  of  schools,  through  the  township  treasurer,  as  provided 
in  the  twentv-fifth  section  of  this  act. 

§  28.  No  person  shall  vote  at  said  election,  nor  at  any 
other  election  held  in  pursuance  of  the  provisions  of  this 
act,  unless  he  possesses  the  qualifications  of  a  voter  at  a 
general  election.  In  case  of  a  tie  at  such  election,  it  shall 
be  determined  by  lot,  on  the  day  of  election,  by  the  judges 
thereof. 

§  29.  When  a  vacancy  or  vacancies  shall  occur  in  the  vacancies, 
board  of  trustees  of  schools,  the  remaining  trustee  or  trus¬ 
tees  shall  order  an  election  to  fill  such  vacancy,  upon  an}^ 

Saturday — notice  to  be  given  as  required  in  section  twenty- 
five  hereof. 

§  30.  Upon  the  election  of  trustees  of  schools,  the  judges  Poii-book. 
of  the  election  shall,  within  ten  days  thereafter,  cause  a 
copy  of  the  poll-book  of  said  election  to  be  delivered  to  the 
county  superintendent  of  the  count}^  with  a  certificate 
thereon,  showing  the  election  of  said  trustees  and  names  of 
the  persons  elected;  which  copy  of  the  poll-book,  with  the 
certificate,  shall  be  filed  by  said  superintendent,  and  shall 
be  evidence  of  such  election.  For  failure  to  deliver  such  Failure  to  de¬ 
copy  of  poll-book  and  certificate  within  the  time  prescribed, 
the  judges  shall  be  liable  to  a  penalty  of  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars,  to  be  recov¬ 
ered,  in  the  name  of  the  People  of  the  State  of  Illinois,  b}^ 
action  of  assumpsit,  before  any  justice  of  the  peace  of  the 
county ;  which  penalty,  when  collected,  shall  be  added  to 
the  township  fund  of  the  township.  When  trustees  are  Town  officers 
elected  at  town  meetings,  as  provided  in  section  twenty- 
seven  of  this  act,  the  officer  or  officers  whose  duty  it  is  to 
make  returns  of  said  township  election,  shall  make  returns 
of  such  election  of  trustees  to  the  county  superintendent, 
within  the  time  and  subject  to  the  same  penalty  for 
omission,  prescribed  in  this  section. 

§  31.  The  said  trustees  of  schools,  elected  as  aforesaid, ,  Successors  to 
shall  be  successors  to  the  trustees  of  school  lands  appointed  school  lands, 
by  the  county  commissioners’  court,  and  of  trustees  of 
schools  elected  in  townships,  under  the  provisions  of  “  An 
act  making  provisions  for  organizing  and  maintaining  com- 


14 


Meetings  of 
trustees. 


Appointment 
of  treasurer. 


Records  of  pro¬ 
ceedings. 


mon  schools,”  approved  February  twenty-six,  one  thousand 
eight  hundred  and  forty-one,  and  of  “An  act  to  establish 
and  maintain  common  schools,”  approved  March  one,  one 
thousand  eight  hundred  and  forty-seven.  All  rights  of  prop¬ 
erty,  and  rights  and  causes  of  action,  existing  or  vested  in 
the  trustees  of  school  lands,  or  trustees  of  schools,  appointed 
or  elected  as  aforesaid,  for  the  use  of  the  inhabitants  of  the 
township,  or  any  part  of  them,  shall  vest  in  the  trustees  of 
schools  as  successors,  in  as  full  and  complete  a  manner  as 
was  vested  in  the  school  commissioner  (the  trustees  of 
school  lands),  or  the  trustees  of  schools  appointed  and 
elected  as  aforesaid. 

§  32.  It  shall  be  the  duty  of  the  board  of  trustees  to  hold 
regular  semi-annual  meetings  on  the  first  Mondays  of  April 
and  October,  and  special  meetings  may  be  held  at  such  other 
times  as  they  may  think  proper.  Special  meetings  of  the 
board  may  be  called  by  the  president  or  any  two  members 
thereof ;  and  at  all  meetings,  tw'o  members  of  the  board 
shall  be  a  quorum  for  business.  The  board  shall  organize 
by  appointing  one  of  their  number  president,  and  some  per¬ 
son,  who  shall  not  be  a  director  or  trustee,  and  who  shall  be 
a  resident  of  the  township,  treasurer,  w^ho  shall  be  ex-officio 
clerk  of  the  board.  The  president  and  treasurer  shall  hold 
their  offices  for  one  year,  and  until  their  successors  are  ap¬ 
pointed  ;  but  either  of  said  officers  may  be  removed  by  the 
board  for  good  cause.  It  shall  be  the  duty  of  the  president 
to  preside  at  the  meetings  of  the  board;  and  it  shall  be  the 
duty  of  the  clerk  to  be  present  at  all  meetings  of  the  board, 
and  to  record,  in  a  book  to  be  provided  for  the  -  purpose,  all 
their  official  proceedings,  which  shall  be  a  public  record, 
open  to  the  inspection  of  any  person  interested  therein;  and 
all  of  said  proceedings,  when  recorded,  shall  be  signed  by 
the  president  and  clerk.  If  the  president  or  clerk  shall  be 
absent,  or  refuse  to  perform  any  of  the  duties  of  his  office, 
at  any  meeting  of  the  board,  a  president  or  clerk,  pro  te^n- 
pore,  may  be  appointed. 


DIVISION  INTO  DISTRICTS — MAP — ALTERATIONS,  ETC. 

Trustees  of  schools  in  newly  organized  townships, 
o  IS  nc  b.  township  into  one  or  more  districts,  to  suit 

the  wishes  and  convenience  of  a  majority  of  the  inhabit¬ 
ants  of  the  township,  and  shall  prepare,  or  cause  to  be 
prepared,  a  map  of  the  towmship,  on  wffiich  map  shall  be 
designated  the  district  or  districts  to  be  styled,  when 
there  are  more  than  one.  District  No.  — ,  in  Township  No. 
— ,  Range  —  of  the  —  P.  M.  (according  to  the  proper  num¬ 
bers),  county  of - and  State  of  Illinois,  which  districts 

they  may  change  at  any  regular  meetings,  upon  the  fol¬ 
lowing  conditions  : 

Change  of  dis-  First — Upon  petition  of  a  majority  of  the  legal  voters  of 
the  districts  affected  by  the  proposed  change,  the  trustees 
of  a  township  may  change  the  boundaries,  of  any  district 
lying  wholly  therein,  or  establish  a  new  district  or  dis¬ 
tricts  out  of  said  territory,  as  the  case  may  be. 


15 


Sa'ond — Upon  a  like  petition,  sehool  districts  may  be 
formed  out  of  parts  of  tAvo  or  more  toAvnships  or  fractional 
townships,  in  which  case  the  trustees  of  schools  of  said 
townships  shall  concur  in  the  formation  of  such  districts. 

Third — Upon  petition  of  two-thirds  of  all  the  voters 
in  anv  territory,  containiner  not  less  than  five  fami- district  has  a 
lies,  representing  that  they  are  not  properly  accommodated  aeot. 
with  school  privileges,  but  wdll  be  by  being  added  to 
another  district,  or  formed  into  a  ncAv  district,  and  upon 
petition  of  a  majority  of  the  voters  of  such  other  district,  if 
any,  it  shall  be  the  duty  of  the  trustees  of  the  township 
or  townships  in  which  such  territory,  or  territory  and  dis¬ 
trict,  are  situated,  to  set  off  such  territory  ;  Provided^  That 
such  change  shall  not  be  made  w'hen  the  district,  from 
which  the  petitioners  desire  to  be  severed  has  a  bonded  debt. 

Fourth — Upon  petition  of  a  majority  of  the  voters  of 
a  district  composed  of  parts  of  tAvo  or  more  tOAvnships,  it 
shall  be  the  duty  of  each  of  the  boards  of  trustees  of  the 
several  toAvnships  to  provide  for  so  much  of  the  territory  of 
said  dsitrict  as  lies  Avithin  their  respective  townships,  by 
annexing  said  territory  to  a  district,  or  to  districts  alread}' 
formed  or  by  the  creation  of  a  neAV  district  or  districts, 
which  shall  include  said  territory. 

Fifth — Upon  petition  of  a  majority  of  the  voters  of  any  change  of  dis- 
district  organized  under  a  special  act,  and  of  the  voters  of  spSai  act. 
other  districts  affected  by  the  proposed  change,  trustees  of 
township  or  townships  in  Avhich  such  district  is  situ¬ 
ated  shall  change  the  boundaries  of  such  district. 

Sixth — The  board  of  school  trustees  are  hereby  granted  i^isc^retionary 
discretionary  poAvers  in  the  matter  of  changing  the  bound- 
ries  of  school  districts,  and  in  creating  new  districts,  w^hen 
petitioned  by  a  majority  of  the  legal  voters  to  do  so  :  Pro- 
vided,  That  such  legal  voters  shall  have  the  right  to  appeal 
from  the  decisons  of  said  board  to  the  county  superinten¬ 
dent  of  schools,  AA’hose  duty  it  shall  be  to  investigate  the 
case  upon  such  appeal,  and  if  in  his  opinion  the  change 
asked  is  for  the  best  interests  of  the  district  or  districts 
concerned  he  shall  order  the  trustees  to  make  such  change 
or  changes,  and  his  action  shall  be  final  and  binding. 

Seventh — When  the  trustees  of  schools  shall  organize 
a  neAV  district  under  the  provisions  of  this  section,  it 
shall  be  their  duty  before  the  meeting  at  Avhich  the 
neAV  district  or  districts  shall  have  been  organized,  to  to order eiec- 
order  an  election  to  be  held  within  fifteen  days  thereafter, 
at  some  convenient  time  and  place,  within  the  boundaries 
of  such  ncAvly  organized  district,  for  the  election  of  three 
school  directors,  notice  being  given  by  the  tOAvnship  treas¬ 
urer,  Avho  shall  post  up  three  notices  of  such  election  in 
three  prominent  places  in  said  district,  at  least  ten  days 
prior  to  the  time  appointed  for  holding  such  election,  wdiich 
notices  shall  specify  the  place  Avhere  such  election  is  to  be 
held,  the  time  for  opening  and  closing  the  polls,  and  object 
of  said  election.  It  shall  be  the  duty  of  the  legal  voters 
present,  five  of  whom  shall  constitute  a  quorum,  to  appoint 


16 


ganize. 


ship 
changes, 


showins 


three  of  their  number,  two  of  whom  shall  act  as  judges 
Directors  to  and  One  as  clerk  of  said  election.  Within  ten  days  after 
meet  and  or-  election,  it  shall  be  the  duty  of  the  directors  elected  at 
said  election,  to  meet  at  some  convenient  time  and  place, 
previously  agreed  upon  by  said  directors,  and  organize  as  a 
district  board,  by  appointing  one  of  their  number  president, 
and  also  some  suitable  person  clerk  of  the  board,  who  shall 
by  virtue  of  his  office  be  clerk  of  the  district.  At  this 
first  meeting  of  the  directors  they  shall  draw  lots  for  their 
respective  terms  of  office  for  one,  two  and  three  years,  each  of 
which  shall  be  considered  a  fractional  term,  ending  at  each 
annual  meeting,  according  to  the  length  of  term  drawn. 

Map  of  town-  Whenever  any  changes,  as  provided  in  this  section,  are 
made,  trustees  of  schools  shall  prepare,  or  cause  to  be  pre¬ 
pared,  a  map  of  their  township,  showing  the  districts  ac¬ 
curately  ;  which  map  shall  be  certified  by  the  President 
and  Clerk  of  the  board,  and  filed  with  and  recorded  by  the 
County  Clerk  in  a  book  kept  for  that  purpose,  to  be  paid 
for  out  of  the  county  treasury.  AVhen  a  new  district  is 
formed  from  a  part  of  a  district,  the  trustees  of  a  township 
or  townships  concerned  shall  proceed  forthwith  to  make  a 
distribution  of  any  tax  funds  or  other  funds  which  are  in 
the  hands  of  the  Treasurer,  or  to  which  the  district  may,  at 
the  time  of  such  division,  be  entitled;  so  that  both  the 
old  and  new  districts  shall  receive  parts  of  such  funds  in 
proportion  to  the  amount  of  taxes  collected  next  preceding 
such  divison  of  the  taxable  property  in  the  territory  com- 
Division  of  posing  the  Several  districts.  If  the  new  district  be  com¬ 
posed  of  parts  of  two  or  more  districts,  the  trustees  shall 
make  distribution  of  said  funds  between  the  new  district 
and  the  old  district  respectively,  so  that  the  new  district 
shall  receive  a  distribution  of  the  funds  of  each  of  the  old 
districts  in  the  proportion  which  the  amount  of  taxes  col¬ 
lected  from  the  property  in  the  territory  of  new  district 
bears  to  the  whole  taxes  collected,  next  before  the  division, 
in  the  old  district;  and  the  town  treasurers  shall  forthwith 
place  the  sums  so  distributed  to  the  credit  of  the  respective 
districts,  and  shall  immediately  place  the  proportion  of  the 
said  funds  to  which  said  new  district  may  be  entitled  to  its 
credit  on  his  books,  and  the  funds  on  hand  shall  be  subject 
at  once  to  the  order  of  the  directors  of  the  new'  district, 
and  those  not  on  hand,  as  soon  as  collected.  The  trustees 
Appraisal  of  of  the  towiiship  or  townships  concerned  shall,  at  the  time 
rhstrict  proper- the  Creation  of  a  new  district,  or  within  the  period  of 

thirty  days  thereafter,  proceed  to  the  appointment  of  three 
appraisers,  who  shall  not  be  citizens  of  the  township  or 
townships  interested.  It  shall  be  the  duty  of  said  apprais¬ 
ers,  within  thirty  days  after  their  appointment,  to  appraise 
the  school  property,  both  real  and  personal,  of  the  district 
or  districts  interested,  at  their  fair  cash  value. 

Within  thirty  days  after  such  appraisement,  the  trus- 
Debts  to  be  tees  of  the  township  or  townships  concerned  shall  proceed 
to  charge  the  property  to  the  district  in  which  it  may  be 
found,  and  to  credit  the  other  district  interested  therein 


fund);. 


deducted. 


17 


with  its  proportion  of  such  valuation  :  Provided^  That  the 
bona  fide  debts,  if  any,  of  the  old  district,  shall  first  be  de¬ 
ducted  and  the  balance  charged  apd  credited  as  aforesaid, 
and  of  the  funds  then  on  hand,  or  subsequently  to  accrue, 
belonging  to  such  district  to  which  such  property  is  charged, 
the  trustees  shall  direct  the  treasurer  to  place  to  the  credit 
of  the  district  not  retaining  said  property  its  proportion  of 
the  value  of  said  property.  If  trustees  shall  fail  to  observe  Trusteesiiiabie. 
the  provisions  of  this  section  in  reference  to  distribution  of 
funds  and  property,  they  shall  be  individually  and  jointly 
liable  to  the  district  interested,  in  an  action  on  the  case,  to 
the  full  amount  of  the  damages  sustained  by  the  district 
aggrieved.  Where  trustees  have  heretofore  failed  to  make 
distribution  of  property  to  districts  as  provided  in  this 
section,  any  district  interested  in  the  making  of  such  dis¬ 
tribution  may,  by  its  directors,  request  the  trustees,  in 
writing,  to  proceed  to  make  such  distribution;  and  said 
trustees  shall  proceed  to  make  distribution  in  the  manner 
herein  prescribed  and  shall  be  liable  in  like  manner  for 
neglect  or  failure.  Within  ten  days  after  any  changes  are  Map  to  be  filed, 
made  in  district  boundaries,  whether  by  division,  consoli¬ 
dation  or  otherwise,  the  towmship  treasurer  shall  make 
a  full  record  thereof  in  the  record  book  of  the  trustees,  and 
file  a  copy  of  said  record  together  with  a  new  map  of  the 
township,  and  a  list  of  the  tax-payers  resident  in  each  of 
the  newly  arranged  districts,  in  the  ofiice  of  the  County 
Clerk.  Compliance  with  these  requirements,  wdthin  the 
said  period  of  ten  days,  is  hereby  made  essential  to  the 
validity  of  any  alterations  of  district  boundaries.  If  said  ^  county  clerk 
copy  of  record,  plat  of  township  and  list  of  tax-payers  shall  list, 
be  filed,  as  aforesaid,  in  the  office  of  the  county  clerk,  with¬ 
in  ten  days  after  the  October  meeting  of  the  trustees,  the 
county  clerk  shall  thereupon  correct  the  lists  required  to  be 
filed  on  or  before  the  first  Monday  in  September  under  sec¬ 
tion  forty-four  (44)  of  this  act.  [As  amended  by  act  ap¬ 
proved  May  23,  1877.] 

§  34.  At  the  regular  semi-annual  meetings,  on  the  first  j^pportion- 
Mondays  of  April  and  October,  the  trustees  shall  ascertain 
the  amount  of  state,  county  and  township  funds  on  hand 
and  subject  to  distribution,  and  shall  apportion  the  same  as 
follows  : 

First — Whatever  may  be  due  for  the  compensation  and  Basis  of. 
the  books  of  the  treasurer,  and  such  sum  as  may  be  deemed 
reasonable  for  dividing  school  lands,  making  plats,  etc. 

Second — The  remainder  shall  be  divided  among  the  dis¬ 
tricts  or  factions  of  districts,  in  which  schools  have  been 
kept  in  accordance  with  the  provisions  of  this  act,  and  the  , 
instructions  oft  he  state  and  county  superintendents,  in  pro¬ 
portion  to  the  number  of  children  under  twenty-one  years 
of  age  in  each. 

The  funds  thus  apportioned  shall  be  placed  on  the  books 
of  the  treasurer  to  the  credit  of  the  respective  districts,  and  funds. 

—2 


18 


Transfer  o  l 
pupils.  , 


Separate  se'ned- 
ule.s. 


Teaelier  lo  be 
paid  by  <j  n  e 
treasurer. 


Towieship 
high  scIiooL 


How  estab¬ 
lished. 


Trustees  to 
have  powers  of 
directors. 


Rerjort  t  o 
county  super¬ 
intendent. 


the  same  shall  be  paid  out  the  treasurer  on  the  legal 
orders  of  the  directors  of  the  proper  districts. 

§  35.  Pupils  shall  not  be  transferred  from  one  district 
to  another  without  the  written  consent  of  a  majority  of  the 
directors  of  both  districts;  which  written  permits  shall  be 
delivered  to  and  filed  by  the  proper  township  treasurer, 
and  shall  be  evidence  of  such  consent.  A  .separate  schedule 
shall  be  kept  for  each  district,  and  in  each  schedule  shall  be 
certified  the  proper  amount  due  the  teacher  from  that  dis¬ 
trict,  computed  upon  the  basis  of  the  total  number  of  days’ 
attendance  of  all  the  schedules.  If  the  district  from  which 
the  pupils  are  transferred  is  in  the  same  township  as  the 
district  in  which  the  school  is  taught,  the  directors  of  said 
district  shall  deliver  the  separate  schedule  to  their  township 
treasurer,  who  shall  credit  the  district  in  which  the  school 
was  taught,  and  charge  the  other  districts  with  the  resj^ec* 
tive  amounts  certified  in  said  separate  schedules  to  be  due. 
If  pupils  are  transferred  from  a  district  of  another  town¬ 
ship,  the  schedule  for  that  district  shall  be  delivered  to  the 
directors  thereof,  who  shall  immediately  draw  an  order  on 
their  treasurer,  in  favor  of  the  treasurer  of  the  township  in 
which  the  school  was  taught,  for  the  amount  certified  to  be 
due  in  said  separate  schedule.  When  a  school  is  composed 
of  pupils  frousi  different  townships,  the  teacher  shall,  in  all 
cases,  be  paid  by  the  treasurer  of  the  township  in  'which  the 
school  is  taught,  and  the  duty  of  collecting  the  amount  due 
from  the  other  townships  shall  devolve  upon  the  directors. 
Upon  petition  of  fifty  voters  of  any  school  township,  filed 
with  the  township  treasurer  at  least  fifteen  days  preceding 
a  regular  eleciion  of  trustees,  it  shall  be  the  duty  of  said 
treasurer  to  notify  the  voters  of  the  township  that  an  elec¬ 
tion  “  For  ”  and  “  Against  ”  a  high  school  will  be  held  at  the 
next  ensuing  election  of  trustees,  and  the  ballots  to  such 
effect  shall  be  received  and  canvassed  at  such  election  ;  and 
if  a  majority  of  the  votes  at  such  election  shall  be  found  to 
be  in  favor  of  a  high  school,  it  shall  be  the  duty  of  the 
trustees  of  the  to'wnship  to  establish,  at  some  central  point 
most  convenient  for  the  majorit}'  of  the  pupils  of  the  town¬ 
ship,  a  high  school,  for  the  education  of  the  more  advanced 
pupils.  For  the  purpose  of  building  a  school  house,  sup¬ 
porting  the  school,  and  other  necessary  expenses,  the  town¬ 
ship  shall  be  regarded  as  a  school  district,  and  the  trustees 
shall  have  the  power  and  discharge  the  duties  of  directors 
for  such  district  in  all  respects:  Provided^  That  in  like 
manner  the  voters  and  trustees  of  two  or  more  adjoining 
townships,  or  parts  of  townships,  may  co-operate  in  the 
establishment  and  maintenance  of  a  high  school,  on  such 
terms  as  they  may,  by  written  agreement  made  by  the 
board  of  trustees,  enter  into. 

§  36.  The  hoard  of  trustees  of  each  township  in  this 
state  shall  prepare,  or  cause  to  be  prepared,  by  the  township 
treasurer,  the  clerR  of  the  board,  the  directors  of  the  several 
districts,  or  other  person,  and  forwarded  to  the  county 


19 


superintendent  of  the  county  in  which  the  township  lies, 
on  or  before  the  second  Monday  of  October  preceding  each 
regular  session  of  the  general  assembly  of  this  state,  and  at 
such  other  times  as  may  be  required  by  the  county  super¬ 
intendent,  or  by  the  state  superintendent  of  public  instruc¬ 
tion,  a  statement  exhibiting  the  condition  of  schools  in 
their  respective  townships  for  the  preceding  biennial  per¬ 
iod,  giving  separately  each  year,  commencing  on  the  first 
of  October,  and  ending  on  the  last  of  September-;  which 
statement  shall  be  as  follows  : 

Fir^t — The  whole  number  of  schools  >vhich  have  been  item 
taught  in  each  year ;  what  j^art  of  said  number  have  been 
taught  by  males  exclusively;  what  part  have  been  taught 
by  females  exclusively;  what  part  of  said  whole  number 
have  been  taught  by  males  and  females  at  the  same  time, 
and  what  part  by  males  and  females  at  different  periods. 

Second- w^hole  number  of  scholars  in  attendance  at 
all  the  schools,  giving  the  number  of  males  and  females 
separately. 

Tfdrd — The  number  of  male  and  female  teachers,  giving 
each  separately;  the  highest,  lowest  and  average  monthly 
compensation  paid  to  male  and  female  teachers,  giving  each 
item  separately. 

Fourth — The  number  of  persons  under  twent^^-one  years  miters c 
of  age,  making  a  separate  enumeration  of  those  above  the 
age  of  twelve  years  w’ho  are  unable  to  read  and  write,  and 
the  cause  or  causes  of  the  neglect  to  educate  them. 

Fifth — The  amount  of  the  principal  of  the  township  fund  ; 
the  amount  of  the  interest  on  the  township  fund  paid  into 
the  township  treasury;  the  amount  raised  by  ad  valorem  tux 
and  the  amount  of  such  tax  received  into  the  towmship 
treasury,  and  the  amount  of  all  other  funds  received  into 
the  township  treasury. 

Six — Amount  paid  for  teachers’  wages  ;  the  amount  paid 
for  school  house  lots;  the  amount  paid  for  building,  repair¬ 
ing,  purchasing,  renting  and  furnishing  school  houses  ;  the 
amount  paid  for  school  apparatus,  for  books  and  other  inci¬ 
dental  expenses  for  the  use  of  school  libraries  ;  the  amount 
paid  as  compensation  to  township  officers  and  others. 

Seventh — The  whole  amount  of  the  receipts  and  expendi¬ 
tures  for  school  purposes,  together  with  such  other  statis¬ 
tics  and  information  in  regard  to  schools  as  the  state  super¬ 
intendent  or  county  superintendent  may  require. 

And  any  township  from  which  such  report  is  not  received 
in  the  manner  and  tinn^  required  bylaw,  shall  forfeit  its  fafiu7e^^  w®  S 
portion  of  the  public  fund  for  the  next  ensuing  year  :  Pro-'^^^- 

vided,  That  upon  the  recommendation  of  the  county  super¬ 
intendent,  or  for  good  and  sufficient  reasons,  the  state 
superintendent  may  remit  such  forfeiture. 

§  37.  In  cases -where  a  township  is  or  shall  be  divided  separate  enu- 
by  a  county  line  or  lines,  the  board  of  trustees  of  such  town-“®^^‘^“' 
ship  shall. make,  or  cause  to  be  made,  separate  enumerations 
of  male  and  female  persons  of  the  ages  as  directed  in  the 


20 


Statistics  net 
divisalile. 


Examination 
ley  te-nstees. 


Title  of  school 
houses. 


Directors  to 
have  control  of 
school  houses — 
may  grant  use 
of  for  meetings. 


Sale  of  school 
houses, , 


Township 
treasurer  only 
lawful  custodi¬ 
an. 


May  remove 
township  treas¬ 
urer. 


foregoing  section  of  this  act,  designating  separately  the 
number  residing  in  each  of  the  counties  in  which  such  town¬ 
ship  may  lie,  and  forward  each  respective  number  to  the 
proper  county  superintendent  of  each  of  said  counties ;  and 
in  like  manner,  as  far  as  practicable,  all  other  statistics  and 
information  enumerated  and  required  to  be  reported  in  the 
aforesaid  section,  shall  be  separately  reported  to  the  several 
count}^  superintendents  ;  and  all  such  parts  of  said  statisti-*^ 
cal  information  as  are  not  susceptible  of  division,  and  are 
impracticable  to  be  reported  separately,  shall  be  reported  to 
the  county  superintendent  of  the  county  in  Avhich  the  six¬ 
teenth  section  of  such  township  is  situated. 

§  38.  At  each  semi-annual  meeting,  and  at  such  other 
meetings  as  they  may  think  proper,  the  said  township 
board  shall  examine  all  books,  notes,  mortgages,  securities, 
papers,  moneys  and  effects  of  the  corporation,  and  the  ac¬ 
counts  and  vouchers  of  the  township  treasurer,  or  other 
township  school  officer,  and  shall  make  such  order  thereon 
for  their  securit},  preservation,  collection,  correction  of 
errors,  if  any,  and  for  their  proper  management,  as  may 
seem  to  said  board  necessarv. 

§  39.  The  board  of  trustees  of  each  township  in  the 
state  may  receive  an}^  gift,  grant,  donation  or  devise  made 
for  the  use  of  any  school  or  schools,  or  library,  or  other 
school  purposes  wuthin  their  jurisdiction  ;  and  they  shall  be 
and  are  hereby  invested,  in  their  corporate  capacity,  with 
the  title,  care  and  custody  of  all  school  houses  and  school 
house  sites  ;  but  the  supervision  and  control  of  them  is  ex¬ 
pressly  vested  in  the  directors  of  each  district  in  which 
said  property  is  situated,  who  may  grant  the  temporary  use 
of  school  houses,  when  not  occupied  by  schools,  for  religious 
meetings  and  Sunday  schools,  for  evening  schools  and  for 
literary  societies,  and  for  such  other  meetings  as  the  direc¬ 
tors  may  deem  proper ;  and  w’hen,  in  the  opinion  of  the 
school  directors,  the  school  house  site  or  the  buildings  have 
become  unnecessary,  or  unsuitable,  or  inconvenient  for  a 
school,  said  board  of  trustees,  on  petition  of  a  majority  of 
the  voters  of  the  district,  shall  sell  and  convev  the  same  in 
the  name  of  the  said  board,  after  giving  at  least  twenty 
days’  notice  of  such  sale,  by  posting  up  written  or  printed 
notices  thereof,  particularly  describing  said  property  and 
terms  of  sale ;  and  such  conveyance  shall  be  executed  by 
the  president  and  clerk  of  said  board,  and  the  avails  shall 
be  paid  over  to  the  towmship  treasurer  for  the  benefit  of 
said  district ;  and  all  conveyances  of  real  estate  w^hich  may 
be  made  to  said  board,  shall  be  made  to  said  board  in  their 
corporate  name,  and  to  their  successors  in  office. 

§  40.  The  township  board  shall  cause  all  moneys  for  the 
use  of  the  townships  and  districts  to  be  paid  over  to  the 
township  treasurer,  who  is  hereby  constituted  and  declared 
to  be  the  only  lawful  depositary  and  custodian  of  all  town¬ 
ship  and  district  school  funds.  They  shall  have  powder  also 
to  remove  the  township  treasurer  at  any  time,  for  any  fail- 


21 


lire  or  refusal  to  execute  or  comply  with  any  order  or  requi¬ 
sition  of  said  board,  legally  made,  or  for  any  other  improper 
conduct  in  the  discharge  of  his  duty  as  treasurer.  They 
shall  also  have  power,  for  any  failure  or  refusal,  as  aforesaid,  ^‘^ysue. 
to  sue  him  upon  his  bond. 

§  41.  The  township  trustees  are  hereby  vested  with  gen-  Maypurcuafie 
eral  power  and  authority  to  purchase  real  estate,  if,  in  their  of 

opinion,  the  interests  of  the  township  fund  will  be  pro- h^dgments. 
moted  thereby,  in  satisfaction  of  any  judgment  or  decree 
wherein  the  said  board  or  county  sujierintendent  are  plain¬ 
tiffs  or  complainants ;  and  the  title  of  such  real  estate  so 
purchased  shall  vest  in  said  board,  for  the  use  of  the  in¬ 
habitants  of  said  townsliip,  for  school  purposes.  The  said  ^otuomeats 
board  are  hereby  vested  with  general  power  and  authority 
to  make  all  settlements  with  persons  indebted  to  them  in 
their  official  capacity;  or  receive  deeds  of  real  estate  in 
compromise ;  and  to  cancel,  in  such  manner  as  they  may 
think  proper,  notes,  bonds,  mortgages,  judgments  and  de- 
creees  existing,  or  that  may  hereafter  exist,  for  the  benefit 
of  the  township,  ■when  the  interest  of  said  to'wnship,  or  the 
fund  concerned,  shall,  in  their  opinion,  require  it ;  and  their 
action  shall  be  valid.  Said  board  of  trustees  are  hereby  May  soil 
authorized  to  lease  or  sell,  at  public  auction,  any  land  that 
may  come  into  their  possession,  in  such  manner  and  on 
such  terms  as  they  shall  deem  for  the  interest  of  the  town¬ 
ship  :  Provided,  Iffiat  in  all  cases  of  sale  of  land,  as  provided 
in  this  section,  the  sale  shall  be  made  at  the  same  place, 
and  notice  given  of  it  in  the  same  manner,  as  is  provided 
in  this  act  for  the  sale  of  the  sixteenth  section  ;  and  all 
such  sales  shall  be  by  jjublic  auction. 

SCHOOL  DIRECTORS — THEIR  ELECTION  AND  DUTIES. 

§  42.  The  annual  election  of  school  directors  shall  be  on  ^  ^  ~ 

the  first  Saturday  of  April,  ivhen  one  director  shall  be 
elected  in  each  district,  who  shall  hold  his  office  for  three 
vears,  and  until  his  successor  is  elected.  In  new  districts 
the  first  election  may  be  on  any  Saturday,  notice  being 
given  by  the  township  treasurer,  as  for  the  election  of  trus¬ 
tees,  w'hen  three  directors  shall  be  elected,  who  shall,  at 
their  first  meeting,  draw  lots  for  their  respective  terms  of 
office,  for  one,  two  and  three  years.  When  vacancies  occur, 
the  remaining  director  or  directors  shall,  without  delay, 
order  an  election  to  fill  such  vacancies.  Notices  of  all  elec-  NoUeea  of 
tions  in  organized  districts  shall  be  given  by  the  directors, 
at  least  ten  days  previous  to  the  day  of  said  election.  Said 
notices  shall  be  posted  in  at  least  three  of  the  most  public 
places  in  the  district,  and  shall  specify  the  place  where  such 
-election  is  to  be  held,  the  time  of  opening  and  closing  the 
polls,  and  the  question  or  questions  to  be  voted  on.  Should 
the  directors  fail  or  refuse  to  order  any  regular  or  special 
-election  as  aforesaid,  it  shall  be  the  duty  of  the  township 
treasurer  to  order  such  election  ;  and  if  he  fails  to  do  so. 


22 


Township 
treasurer  and 
county  super¬ 
intendent  may 
order. 


Judges. 


rostponement. 


Fllcction  on 
any  Saturday. 


Tie. 


Recorda. 


Reports. 


Number  una¬ 
ble  to  read  and 
write. 


May  compen¬ 
sate  clerk. 


then  it  shall  be  the  duty  of  the  county  superintendent  to- 
order  such  election  of  directors  within  ten  days,  in  each  case 
of  such  failure  or  refusal ;  and  the  election  held  in  pursu¬ 
ance  of  such  order  shall  be  valid,  the  same  as  if  ordered  by 
the  directors.  Two  of  the  directors  ordering  the  election 
shall  act  as  judges  and  one  as  clerk  of  said  election.  But 
if  said  directors,  or  any  of  them,  shall  fail  to  order  an  elec¬ 
tion,  to  attend,  or  refuse  to  act  when  present,  and  in  unor¬ 
ganized  districts,  the  legal  voters,  when  assembled,  shall 
choose  such  additional  number  as  may  be  necessary  to  act 
as  two  judges  and  a  clerk  of  said  election :  Froi'ided, 
that  if,  upon  the  day  appointed  for  said  election,  the  said 
directors  or  judges  shall  be  of  opinion  that,  on  account  of 
the  small  attendance  of  voters,  the  public  good  requires  it, 
or  if  the  voters  present,  or  a  majority  of  them,  shall  desire 
it,  they  shall  postpone  said  election  until  the  next  Satur¬ 
day,  at  the  same  place  and  hour,  when  the  voters  shall 
proceed  as  if  it  were  not  an  adjourned  meeting  :  Aiid  pro- 
mded^  al^o,  That  if  notice  shall  not  have  been  given  as  above 
required,  then  said  election  may  be  ordered  as  aforesaid, 
and  holden  on  the  third  Saturday  in  April,  or  any  other 
Saturday,  notice  thereof  being  given  as  aforesaid.  In  case 
of  a  tie,  the  judges  shall  decide  it  lot  on  the  day  of  elec¬ 
tion.  The  directors  shall  appoint  one  of  their  number 
president  and  another  of  their  number  clerk,  who  shall  keep 
a  record  of  all  the  official  acts  of  the  board,  in  a  'well  bound 
book  provided  for  the  purpose,  Vv^hich  record  shall  be  sub¬ 
mitted  to  the  township  treasurer,  for  his  inspection  and  ap¬ 
proval,  on  the  first  Mondays  of  April  and  October,  and  at 
such  other  times  as  the  township  treasurer  may  require. 
The  clerk  of  each  board  of  school  directors  shall  report  to 
the  township  treasurer  of  the  proper  township,  on  or  before 
the  first  Monday  of  October,  annually,  such  statistics  and 
other  information  in  relation  to  the  schools  of  their  respec¬ 
tive  districts  as  the  township  treasurer  is  required  to  em¬ 
body  in  his  report  to  the  county  superintendent,  and  the 
particular  statistics  to  be  so  reported  shall  be  determined 
and  designated  by  the  state  supei  intendent  of  public  in¬ 
struction.  At  the  annual  election  of  director,  the  directors 
shall  make  a  detailed  report  of  their  receipts  and  expendi¬ 
tures  to  the  votei'S  there  present,  a  copy  of  which  shall  be 
transmitted  to  the  township  treasurer  within  five  days  of  the 
time  of  said  election.  They  shall  also  report  the  number 
and  names  of  persons  above  the  age  of  twelve  years  and 
under  twenty-one,  residing  in  the  district,  who  are  unable 
to  read  and  write,  and  the  causes  of  the  neglect  to  educate 
them.  Directors  are  authorized  to  use  any  funds  belonging 
to  their  district,  and  not  otherwise  appropriated,  for  the 
purchase  of  a  suitable  book  for  their  records,  and  the  said 
records  shall  be  kept  in  a  punctual,  orderly  and  reliable 
manner.  They  may  also,  where  they  deem  the  amount  of 
labor  done  sufficient  to  justify  it,  allow  out  of  such  funds  a 
compensation  to  said  clerk  for  duties  actually  performed. 


I 


23 


Within  ten  days  after  every  election  of  directors  the  judges 
shall  cause  the  poll  book  to  be  delivered  to  the  township 
treasurer,  with  a  certificate  thereon,  showing  the  election 
of  said  directors  and  names  of  the  persons  elected ;  which 
poll  book  shall  be  filed  by  the  township  treasurer,  and  shall 
be  evidence  of  said  election.  For  failure  to  deliver  said  I’enaiiy. 
poll  book  within  the  time  prescribed,  the  judges  shall  be 
liable  to  the  same  penalty  as  is  prescribed  in  section  thirty, 
which  penalty  may  be  recovered  in  the  same  manner  as  is 
provided  in  said  section,  and  when  collected,  shall  be  added 
to  the  district  funds.  If  any  trustee  or  director  shall  not  Resident, 
be  an  inhabitant  of  the  district  or  township  which  he  rep¬ 
resents,  an  election  shall  be  ordered  to  fill  the  vacancy;  and 
no  i>erson  shall  be  at  the  same  time  a  director  and  trustee, 
nor  shall  a  director  or  trustee  be  interested  in  any  contract  Contracts, 
made  by  the  board  of  which  he  is  a  member. 

^  43.  For  the  purpose  of  establishing  and  supporting  free  Power  to  tax. 
schools  for  not  less  than  five  nor  more  than  nine  months  in 
each  year,  and  defraying  all  the  expenses  of  the  same,  of 
every  description  ;  for  the  purpose  of  repairing  and  improv¬ 
ing  school  houses ;  of  procuring  furniture,  fuel,  libraries 
and  apparatus,  and  for  all  other  necessary  incidental  ex¬ 
penses,  the  directors  of  each  district  shall  be  authorized  to  Uiiuitatiou.'^. 
levy'  a  tax,  annually,  upon  all  the  taxable  property  of  the 
district,  not  to  exceed  two  per  cent,  for  educational,  and 
three  per  cent,  for  building  purposes,  to  be  ascertained  by 
tie  last  assessment  for  state  and  county  taxes.  They  may 
al?o  appropriate  to  the  purchase  of  libraries  aitd  apparatus, 
ary  surplus  funds,  after  all  necessary  school  expenses  are 
paid. 

5  44.  The  directors  of  each  district  shall  ascertain,  as^certiiicate  of 
nexr  as  practicable,  annually,  how  much  money  must  be 
raised  by  special  tax  for  school  purposes  duringtlie  ensuing 
year,  which  amount  shall  be  certified  and  returned  to  the 
tovnship  treasurer,  on  or  before  the  first  Monday  of  Sep¬ 
tember,  annually.  The  certificate  of  the  directors  may  be 
in  the  following  form,  viz  : 

W«  hereby  certify  that  we  require  the  amount  of to  be  levied  as  a  special  tax 

lor  sihool  purposes,  on  tlie  taxable  property  of  our  district,  for  the  year  18.... 

©i’en  under  our  hands  this day  of . .  IS.... 

A  B,'|  Directors  District  No . ,  Township 

C  U,  >  No.  ...,  Range  No.  ....,  County 
K  F.J  of . State  of  Iltinois. 

It  shall  be  the  duty  of  the  township  treasurer  to  return 'Time  of  return, 
said  certificates  to  the  county  clerk  on  or  before  the  second 
Monday  of  September ;  and  whenever  the  boundaries  of 
the  districts  of  the  township  shall  have  been  changed,  the 
township  treasurer  shall  return  to  the  county  clerk,  with  Map, 
the  certificates,  a  map  of  the  township,  showing  such 
changes,  and  certified  as  required  in  the  thirty-third  section 
of  this  act.  When  a  district  lies  partly  in  two  or  more  District  in 
counties,  the  directors  shall  determine  and  certify  the 
amounts  to  be  levied  on  the  taxable  property  lying  in  each 


24 


county,  and  return  the  same  to  the  county  treasurer,  who 
shall  return  them  to  the  respective  county  clerks,  as  here¬ 
inbefore  provided. 


County  clerk 
to  compute  tax. 


§ 


tv  clerk. 


45.  According  to  the  amount  certified  as  aforesaid,  the 
said  county  clerk,  when  making  out  the  tax  books  for  the 
collector,  shall  compute  each  taxable  person’s  tax  in  said 
district,  upon  the  total  amount  of  taxable  property  as  equal¬ 
ized  by  the  state  board  of  equalization  for  that  year,  lying 
and  being  in  said  district,  whether  belonging  to  resi¬ 
dents  or  non-residents,  and  also  each  and  everv  tract  of 
land  assessed  by  the  assessor,  which  lies,  or  the  largest  part 
of  which  lies  in  said  district.  The  said  county  clerk  shall 
cause  each  person’s  tax  so  computed  to  be  set  upon  the  tjix 
book  to  be  delivered  to  the  collector  for  that  vear,  in  a 
Collection  of  separate  column,  against  each  tax-payer’s  name  or  parcel 
district  tax  taxable  property,  as  it  appears  in  said  collector’s  bo</k, 
to  be  collected  in  the  same  manner  and  at  the  same  tirfie, 
and  by  the  persons,  as  state  and  county  taxes  are  collected. 
Assessors  to  It  shall  be  the  duty  of  assessors,  when  making  assessmei^s 
no  e  IS  ric  .  personal  property  to  designate  the  number  of  the  school 
district  in  which  each  person  so  assessed  resides ;  wh/ch 
designation  shall  be  made  by  writing  the  number  of  silch 
district  opposite  each  person’s  assessment  of  personal  pipp- 
erty,  in  a  column  provided  for  that  purpose  in  the  assess¬ 
ment  roll  returned  by  the  assessor  to  the  county  clerk.  It 
Duty  of  couu- shall  be  the  duty  of  the  county  clerk  to  copy  said  numbers 
of  school  districts,  as  returned  by  the  assessor,  into  the  col¬ 
lector’s  book,  and  to  extend  the  school  tax  on  each  persovs 
assessment  of  personal  property  according  to  the  rate  re¬ 
quired  hy  the  amount  designated  by  the  directors  of  the 
school  district  in  which  such  person  resides.  It  is  hermy 
made  the  duty  of  the  proper  officers,  in  preparing  bla/ik 
books  and  notices  for  the  use  of  assessors,  to  provjde 
columns  and  blanks  for  the  use  of  assessors  as  ab^ve 
ue  described.  The  computations  of  each  person’s  tax,  and  the 
levy  made  by  the  clerk,  as  aforesaid,  shall  be  final  and  cdii- 
clusive  :  Provided^  the  rate  shall  be  uniform,  and  shall  lot 
exceed  that  required  by  the  amount  certified  by  the  bekrd 
of  directors ;  and  the  said  county  clerk,  before  delivemng 
the  tax  book  to  the  collector,  shall  make  out  and  send  by 
mail  to  each  township  treasurer  of  the  respective  tojvn- 
certificate  of  ships  ill  the  county,  a  certificate  of  the  amount  due  elach 
eadi^districk^  district,  or  fraction  of  a  district  in  his  tov/nship,  of  said  ax, 
so  levied  and  placed  upon  the  tax  books,  and  on  or  bebre 
the  first  day  of  April  next  after  the  delivery  of  the  tax 
books  containing  the  computation  and  levy  of  said  taxes 
aforesaid,  or  so  soon  thereafter  as  the  township  treasurer 
shall  present  the  said  certificate  of  the  amount  of  said  tax, 
Collector  to  and  make  a  demand  therefor,  the  said  collector  shall  pay  to 
skip  treasurer^' s^id  township  treasurer  the  full  amount  of  said  tax  so 
certified  by  the  county  clerk,  or  in  case  any  part  thereof 
remains  uncollected,  said  collector  shall,  in  addition  to  the 
amount  collected,  deliver  to  said  township  treasurer  a 


Tax  to 
unifona. 


25 


statement  of  the  uncollected  taxes  for  each  district  of  such 
township,  taking  of  the  township  treasurer  his  receipt 
therefor,  which  receipt  shall  be  evidence,  as  well  in  favor 
of  the  collector  as  against  the  township  treasurer;  and  said 
treasurer  shall  enter  the  amount  collected  in  his  books, 
under  the  proper  heads,  and  pay  the  same  out  as  provided 
for  by  this  act. 

§  46.  If  any  collector  shall  fail  to  pay  the  amount  of  Failure  of 
said  tax,  or  any  part  thereof,  as  required  in  the  aforesaid 
section,  it  shall  be  competent  for  the  township  treasurer,  or 
other  authorized  person,  to  proceed  against  such  collector 
and  his  securities  in  an  action  of  debt  in  any  court  of  com¬ 
petent  jurisdiction ;  and  the  said  collector,  so  in  default, 
shall  pay  twelve  i)er  centum  upon  the  amount  due,  to  be 
assessed  as  damages,  which  shall  be  included  in  the  judg¬ 
ment  rendered  against  him  :  Provided^  no  collector  shall  be 
liable  for  such  part  of  said  tax  as  he  shall  be  able  to  make 
appear  he  could  not  have  collected  by  law,  until  he  may  be 
able  to  so  collect  such  amount. 


§  47.  For  the  purpose  of  building  school  houses,  or  pur-  vote  oocor- 
chasing  school  sites,  or  for  repairing  and  improving  the  ^^’7. 
same,  the  directors,  by  a  vote  of  the  people,  at  an  election  money, 
called  and  conducted  as  required  in  the  forty-second  section 
of  this  act  (a  majority  of  the  votes  cast  shall  be  necessary 
to  authorize  the  directors  to  act),  may  borrow  money,  issu¬ 
ing  bonds  executed  by  the  officeis,  or  at  least  two  members 
of  the  board,  in  sums  of  not  less  than  one  hundred  dollars ; 
but  the  rate  of  interest  shall  not  exceed  ten  per  cent,  nor 
shall  the  sum  borrowed  in  any  one  year  exceed  five  per 
cent,  (including  previous  indebtedness)  of  the  taxable  prop¬ 
erty  of  the  district,  to  be  ascertained  by  the  last  assessment 
for  the  state  and  county  taxes  previous  to  the  incurring  of 
such  indebtedness,  nor  shall  the  tax  levied  in  any  one  year  Tax  limited 
for  building  school  houses,  exceed  three  per  cent,  of  said ^ 
taxable  property,  except  to  pay  iudebtedness  contracted  tion. 
previous  to  the  passage  of  this  act. 


§  48.  The  directors  of  each  district  are  hereby  declared 
a  body  politic  and  corporate,  by  the  name  of  “  School  Direc-^°  ^ 

tors  of  District  No . ,  Township  No . ,  County  of. . , 

and  State  of  Illinois,”  and  by  that  name  may  sue  and  be 
sued  in  all  courts  and  places  whatever.  Two  directors  shall 
be  a  quorum  for  business.  The  directors  shall  be  liable  as 
directors  fcr  the  balance  due  teachers,  and  for  all  debts  leaciiers. 
legally  contracted.  They  shall  establish  and  keep  in  oper¬ 
ation,  for  at  least  five  months  in  each  year,  and  longer,  if 
practicable,  a  sufficient  number  of  free  schools  for  the  Powers  and 
proper  accommodation  of  all  children  in  the  district  over 
the  age  of  six  and  under  twenty-one  years,  and  shall  secure 
to  all  such  children  the  right  and  opportunity  to  an  equal 
education  in  such  free  schools.  They  shall  adopt  and  en-  Pvuiea and  reg- 
force  all  necessary  rules  and  regulations  for  the  manage- 
nient  and  government  of  the  schools,  and  shall  visit  and 
inspect  the  same,  from  time  to  time,  as  the  good  of  the 


26 


Text-books. 


Vof«  required. 


Way  s  e  1  e  c 
school  site. 


Payment  eoin- 
pelled. 


schools  may  require.  They  shall  appoint  all  teachers,  fix 
the  amount  of  their  salaries,  and  may  dismiss  them  for  in¬ 
competency,  cruelty,  negligence,  immorality  or  other  suffi¬ 
cient  cause.  They  shall  have  power  to  assign  pupils  to  the 
several  schools.  They  shall  direct  what  branches  of  study 
shall  be  taught,  and  what  text-books  and  apparatus  shall  be 
used  in  the  several  schools,  and  strictly  enforce  uniformity 
of  text-books  therein,  but  shall  not  permit  text-books  to  be 
changed  oftener  than  once  in  four  years.  The}^  may  suspend 
or  expel  pupils  for  incorrigibly  bad  conduct,  and  no  action 
shall  lie  against  them  for  such  expulsion  or  suspension  ;  and 
may  provide  that  children  under  twelve  (12}  years  of  age 
shall  not  be  confined  in  school  more  than  four  hours  daily. 
It  shall  not  be  lawful  for  a  board  of  directors  to  purchase 
or  locate  a  school  house  site,  or  to  purchase,  build  or  move 
a  school  house,  or  to  levy  a  tax  to  extend  schools  beyond 
nine  months,  v/ithout  a  vote  of  the  people,  at  an  election 
called  and  conducted  as  required  in  the  forty-second  sec¬ 
tion  of  this  act.  A  majority  of  the  votes  cast  shall  be  neces¬ 
sary  to  authorize  the  directors  to  act :  Provided^  That  if  no 
one  locality  shall  receive  a  majority  of  all  the  votes  cast  at 
such  election,  the  directors  may,  if  in  their  judgment  the 
public  interest  require  it.Jproceed  to  select  a  suitable  school 
house  site  ;  and  the  site  so  chosen  by  them  shall,  in  such 
case,  be  legal  and  valid,  the  same  as  if  it  had  been  deter¬ 
mined  by  a  majority  of  the  votes  cast. 

OF  .JUDGMENTS  AND  EXECUTIONS  AGAINST  BOARDS  OF  TRUS¬ 
TEES  OR  SCHOOL  DIRECTORS. 

§  49.  If  judgment  shall  be  obtained  against  any  town¬ 
ship  board  of  trustees  or  school  directors,  the  party  entitled 
to  the  benefit  of  such  judgment  may  have  execution  there¬ 
for,  as  follows,  to-wit :  It  shall  be  lawful  for  the  court  in 
wffiich  such  judgment  shall  be  obtained,  or  to  which  such 
judgment  shall  be  removed  by  transcript  or  appeal  from  a 
justice  of  the  peace  or  other  court  to  issue  thence  a  writ, 
commanding  the  directors,  trustees  and  treasurer  of  such 
township  to  cause  the  amount  thereof,  with  interest  and 
costs,  to  be  paid  to  the  party  entitled  to  the  benefit  of  said 
judgment,  out  of  any  moneys  unappropriated,  of  said  town¬ 
ship  or  district,  or,  if  there  be  no  such  moneys,  out  of  the 
first  moneys  applicable  to  the  payment  of  the  kind  of  ser¬ 
vices  or  indebtedness  for  which  such  judgment  shall  be 
obtained,  which  shall  be  received  for  the  use  of  such  town¬ 
ship  or  district,  and  to  enforce  obedience  to  such  writ  by 
attachment,  or  by  mandamus^  requiring  such  board  to  levy 
a  tax  for  the  payment  of  said  judgment ;  and  all  legal  pro¬ 
cess,  as  well  as  writs  to  enforce  payments  of  a  judgment, 
shall  be  served  either  on  the  president  or  clerk  of  the  board. 


27 


EXAMINATION  AND  QUALIFICATIONS  OF  TEACHERS. 

§  50.  No  teacher  shall  be  authorized  to  teach  a  cornmon 
school  under  the  provisions  of  this  act  who  is  not  of  good 
moral  character  and  who  does  not  possess  a  certificate  as  re¬ 
quired  by  this  section.  It  shall  be  the  duty  of  the  county 
superintendent  to  grant  certificates  to  such  persons  as  may, 
upon  due  examination,  be  found  qualified ;  and  said  certifi¬ 
cates  shall  be  of  two  grades:  those  of  the  first  grade  shall  be  Twograde-sof 
valid  for  two  years,  and  shall  certjfy  that  the  ])erson  to 
which  such  certificate  is  given  is  qualified  to  teach  orthog¬ 
raphy,  reading  in  English,  penmanship,  arithmetic,  Eng¬ 
lish  grammar,  modern  geography,  the  elements  of  the  natural 
sciences,  the  history  of  the  United  States,  physiology  and 
the  law^s  of  health.  Certificates  of  the  second  grade  shall 
be  valid  for  one  year,  and  shall  certify  that  the  person  to 
whom  such  certificate  is  given  is  qualified  to  teach  orthog¬ 
raphy,  reading  in  English,  penmanship,  arithmetic,  English 
grammar  modern  geography  and  the  history  of  the  United 
States. /^^he  county  superintendent  may,  at  his  opf ion, 
renew  said  certificates  at  their  expiration,  by  his  endorse¬ 
ment  thereon,  and  may  revoke  the  same  at  any  time,  for 
immorality,  incompetency,  or  other  just  cause.  Said  certi¬ 
ficate  may  be  in  the  following  form,  viz  : 


“ . .  iLI.INOIS,  .  18... 

“ .  County. 

“The  undersigned,  having  examined . in  orthography,  reading  in  Form  of  cer- 

English,  penmanship,  arithmetic,  English  grammar,  modem  geography,  the  history  tificate. 
of  the  United  States,  and  being  satisfied  that . is  of  good  moral  char¬ 
acter,  hereby  certifies  that . qualifications  in  the  above  branches  are 

sueJa  as  to  entitle . to  this  certificate  of  the . grade,  and  valid 

in  said  county  for . year  from  the  date  thereof,  renewable  at  the  option  of  the 

eoun^  superintendent  by  his  indorsement  thereon. 

“Given  under  my  hand  and  seal  at  the  date  aforesaid. 

“A  B,  County  Superintendent  oj  Schools." 

I 

In  any  county  in  which  a  county  normal  school  is  estab-  Graduates  of 
lished,  under  the  control  of  a  county  board  of  education,  the 
diplomas  of  graduates  in  said  normal  school  shall,  when 
directed  by  said  board,  be  taken  by  the  county  superintend¬ 
ent  as  sufficient  evidence  of  qualifications  to  entitle  the 
holder  to  a  first  class  certificate.  Each  county  superintend¬ 
ent  shall  also  keep  a  record,  in  a  book  provided  for  that  Record, 
purpose,  of  all  teachers  to  wffiom  he  grants  certificates. 

Said  record  shall  show  the  date  and  grade  of  each  certificate 
granted,  and  the  name,  age  and  nativity  of  each  teacher ; 
and  shall  give  the  names  of  male  and  female  teachers  sepa¬ 
rately.  Said  record  may  be  as  follows,  viz : 


Name. 

Age. 

Nativity. 

Date. 

Grade. 

Remarks. 

Claas.  Tliompson. 

2:> 

Illinois. 

March  1, 18G4. 

1 

Has  taught  5  years. 

28 


copy  or  transcript  of  sale  record  shall  be  transmitted 
by  the  connty  superintendent,  with  bis  regular  report,  to 
the  state  superintendent.  The  state  superintendent  of  pub¬ 
lic  instruction  is  hereby  authorized  to  grant  state  certifi¬ 
cates  to  such  teachers  as  may  be  found  worthy  to  receive 
them,  which  shall  be  of  perpetual  validity  in  every  county 
and  school  district  in  the  state.  But  state  certificates  shall 
only  be  granted  upon  public  examination,  of  which  due 
notice  shall  be  given,  in  such  branches  and  upon  such 
terms,  and  by  such  examiners  as  the  state  superintendent 
and  the  principles  of  the  normal  universities  may  prescribe. 
Said  certificates  ma}^  be  revoked  by  the  state  superintend¬ 
ent  upon  proof  of  immoral  or  unprofessional  conduct.  Every 
Kind  of  school  established  under  the  provisions  of  this  act  shall  be 
quiicd.  for  the  instruction  in  the  branches  of  education  prescribed 
in  the  qualifications  for  teachers,  and  in  such  other  branches, 
including  vocal  music  and  drawing,  as  the  directors  or 
voters  of  the  district,  at  the  annual  election  of  directors, 
may  prescribe. 

§  51.  It  shall  be  the  duty  of  the  county  superintendent 
or  the  board  of  examiners,  as  the  case  may  be,  to  hold  meet¬ 
ings  at  least  quarterly,  and  oftener  if  necessary,  for  the 
examination  of  teachers,  on  such  days  and  at  such  places 
in  the  respective  counties  as  will,  in  their  opinion,  accom¬ 
modate  the  greatest  number  of  persons  desiring  such  ex- 
Notice.  amination.  Notice  of  such  meetings  shall  be  published  a 
sufiicient  length  of  time,  in  at  least  one  newspaper  of  gen¬ 
eral  circulation,  the  expense  of  such  publication  to  be  paid 
No  fee.  oi-if  of  tke  school  fund.  The  county  superintendent  or 

hoard  of  examiners  shall,  in  no  case  exact  or  receive  any 
fee  for  certificates. 


Quarterly  ex- 
ATinaatious. 


TEACHERS — THEIR  DUTIES. 


Teachers  must  g  52.  No  teacher  shall  be  entitled  to  any  portion  of  the 
caS^fiforrSn- common  school  or  township  fund,  or  other  public  fund,  or 
pioymciit.  be  employed  to  teach  any  school  under  the  control  of  any 
board  of  directors  of  any  school  district  in  this  state,  who 
shall  not  at  the  time  of  his  employment,  have  a  certificate 
of  qualification,  obtained  under  the  provisions  of  this  act  ; 
nor  shall  any  teacher  be  paid  any  portion  of  the  school  or 
public  fund  aforesaid,  unless  he  shall  have  kept  and  fur- 
nished  schedules  as  herein  directed,  and  shall  have  satis- 
sc  e  u  e.  factorily  accounted  for  the  books,  apparatus  and  other  prop¬ 
erty  of  the  district  that  he  may  have  taken  in  charge. 

Schedule  must  §  53.  Teachers  shall  make  schedules  of  the  names  of  all 
bekeptinfonn.  g0;gQ]^ars  under  tvv’enty-one  years  of  age,  attending  their 
schools,  in  the  form  prescribed  by  this  act ;  and  when 
scholars  reside  in  two  or  more  districts,  townships  or  coun¬ 
ties,  separate  schedules  shall  be  kept  for  each  district,  town¬ 
ship  or  county ;  and  the  absence  or  presence  of  every 
scholar  shall  be  set  down  under  the  proper  date,  and  opposite 
the  name,  on  every  day  that  school  is  open  ;  and  the  ab- 


sence  of  a  scholar  shall  be  signified  by  a  blank — the  presence 
by  a  mark.  The  schedule  to  be  made  and  returned  by  the 
teacher  shall  be  as  near  as  circumstances  will  permit,  in  the 
following  form,  viz  : 


RcHKDULE  of  a  common  school  kept  by  A.  B.,  at .  in  district  number  . ,  in  Formof  SChed* 

township  number . .  range  number . .  of  the . principal  meridian,  in  the  ule. 

county  of . in  the  State  of  1  llinois  : 


Kanaes  and  ages  of 
scholars  att<^nding  my 
school,  and  residing  in 

district  number  .  in 

township  .  north, 

range . west,  in  . 

county. 


o 

'  h— t 


I  TT* 
30 


GO  '  Ci  ■ 

<  .  C'l 


33  ,  O 


o '  o 

■  Cl 


cS 

=3  i  o 


O  lo 
d  cc 


id 


<N 


iC  j  o 


5  i 


^  kw  c3  ®  CJ  1^  t>v'  ®  I  o 


oc 


3  l_2  '.o  !  5  o  'x:  I  O  '  3  1^  *E  I  o  i  o 

c-l  S  C-*  H 


o 

c 

o 

QC 


Names. 


Age. 


John  Smith . j  10 


Isaac  Meslier .... 
Sarah  Danforth. 


13 

16 


1:  1 

i  ^ 

1|  1 


!  I  I 


i:  1 

h'  1 

1  1 


li 

I 

1  1 
1 


1 


1; 

iV‘ 

li  1|  1 


33  c3 

a 
s 


o 


i!15 

ill 

i!20 


Mary  Newman .  19  Ij  Ij  1  1  Ij  1  1  1  1  1 

1  11 

li  1  1  1 
1  i 

1  1;19 

i 

Grand  total  number  of  davs . 6 

\ 

Males. 

' 

Females. 

Total. 

Number  of  scholars . 

2 

9 

4 

Average  daily  attendance 


32 


And  said  teacher  shall  add  up  and  set  down  the  w'hole 
number  of  days’  attendance  of  each  scholar,  and  add  up 
said  whole  numbers,  and  make  out  the  grand  total  number 
of  days’  attendance.  He  shall  also  note  the  whole  number 
of  scholars,  giving  the  males  and  females  separately ;  the 
average  daily  attendance ;  and  shall  set  the  age  of  each 
pupil  opposite  the  name  of  said  pupil,  as  in  the  form  above  Teacher  to 
prescribed,  and  shall  attach  thereto  his  certificate,  which 
shall  be  in  the  following  form,  viz : 


I  certify  that  the  foregoing  schedule  of  scholars  attending  my  school,  as  therein 
named,  and  residing  as  specified  in  said  schedule,  to  the  best  of  my  knowledge,  and 
belief,  is  correct. 


A.  B. ,  Teacher. 


30 


Schedule  to 
he  delivered  to 
<]irectoTs. 


Schedule  to  be 
filed  with  treas¬ 
urer  by  direc¬ 
tors. 


Limit  of  time. 


ileceipt. 


Xiability. 


Payable 

TQontJhly. 


interest. 


School  month. 


When  the  teacher  shall  have  completed  his  or  her  sched¬ 
ule  or. schedules,  as  above  required,  he  or  she  shall  deliver 
it  to  some  one  of  the  directors;  and  it  shall  be  the  duty  of 
said  director,  in  connection  with  one  other  director  of  the 
board,  to  carefully  examine  such  schedule  or  schedules,  and 
after  correcting  all  errors,  if  they  shall  find  such  schedule 
to  have  been  kept  according  to  law,  they  shall  certify  to  the 
same  as  near  as  practicable,  in  the  following  form,  viz: 

State  ok  Illinois,  \ 

. County.  ( 

We,  the  undersigned,  directors  of  .  in  township  number  .  range 

number . .  in  the  county  aforesaid,  certify  that  we  have  examined  the  forego¬ 

ing  schedule,  and  find  the  same  to  be  correct,  and  that  the  schooi  was  conducted 
according  to  law.  That  there  is  now  due  said  C  D,  teacher,  as  per  contract,  the  sum 

of . dollars  and . cents,  and  that  the  said  teacher  has  a  legal  certificate  of 

good  moral  character,  and  of  qualification  to  teach  a  common  school  (or  of  such 
grade  as  the  c.ase  may  be),  and  that  the  property  of  the  district  in  charge  of  such 
teacher  has  been  satisfactorily  accounted  for. 

Witness  our  hands  this . *day  of . .  A.  D.  18... 

C  d’  } 

Which  schedule  or  schedules,  certified  as  aforesaid,  by  at 
least  two  directors,  shall  be  filed  by  said  directors  with  the 
township  treasurer;  and  until  such  schedule  and  report,  as 
aforesaid,  shall  have  been  filed  as  aforesaid,  it  shall  not  be 
lawful  for  said  treasurer  to  pay  said  teacher,  or  any  two 
members  thereof  to  draw  an  order  in  favor  of  said  teacher. 

§  54.  School  directors  shall  certify  no  schedule  that 
reaches  back  to  a  time  more  than  six  months  from  the  time 
fixed  by  law  for  the  regular  return  of  schedules  to  the  town¬ 
ship  treasurer.  Schedules  made  and  certified  as  aforesaid, 
shall,  at  least  two  days  before  the  first  Monday  in  April  and 
October,  be  delivered  by  the  directors  to  the  township  treas¬ 
urer.  The  director,  or  directors,  to  whom  the  schedule  is 
delivered  by  the  teacher,  shall  receipt  for  the  same  ;  which 
receipt  shall  be  evidence  in  favor  of  the  teacher,  and  against 
the  director  or  directors;  and  the  directors  shall  be  person¬ 
ally  liable  for  any  loss  sustained  by  the  teacher  through 
their  failure  to  deliver  the  schedule  to  the  township  treas¬ 
urer  within  the  time  fixed  by  law.  Teachers’ schedules  are 
hereby  declared  payable  monthly,  upon  the  presentation  of 
schedules,  duly  certified  by  the  directors ;  and  for  any  por¬ 
tion  of  the  amount  certified  in  said  schedules,  bv  the  direc- 

/  4. 

tors,  to  be  due,  and  remaining  unpaid  after  the  same  becomes 
due,  teachers  shall  be  entitled  to  interest  at  the  rate  of  ten 
(10)  per  cent,  per  annum,  until  paid ;  and  it  is  hereby 
made  the  duty  of  all  school  directors,  trustees  and  township 
treasurers,  to  allow  and  pay  said  rate  of  interest  upon  all 
unpaid  balances  due  teachers,  as  aforesaid ;  and  said  bal¬ 
ances  shall  be  paid  out  of  the  first  moneys  coming  into  the 
hands  of  the  township  treasurer,  to  the  credit  of  the  proper 
district,  and  not  otherwise  previously  and  specifically  ap¬ 
propriated.  The  school  month  shall  comprise  twenty-two 
school  days  actually  taught.  Teachers  shall  not  be  required 
to  teach  on  legal  holidays,  thanksgiving,  or  fast  days  ap¬ 
pointed  by  state  or  national  authority. 


TOWNSHIP  TREASURKR — HIS  DUTIES. 


§  55.  The  township  treasurer,  appointed  by  the  board 
of  trustees,  shall,  before  entering  upon  his  duties,  execute 
a  bond,  with  two  or  more  freeholders,  who  shall  not  tie 
members  of  the  board,  as  securities,  jiayable  to  the  board  of' 
the  township  for  which  he  is  appointed  treasurer,  with  a 
sufficient  penalty  to  cover  all  liabilities  which  may  be  in¬ 
curred,  conditioned  faithfully  to  perform  all  the  duties  of 

township  treasurer,  in  township . ,  range  . ,  in . 

county,  according  to  law.  The  bond  shall  be  approved  byAppi-ovaJ. 
at  least  a  majority  of  the  board,  and  shall  be  delivered  by 
one  of  the  trustees,  to  the  county  superintendent  of  the 
proper  county.  And  in  all  cases  where  such  treasurer 
aforesaid  is  to  have  the  custody  of  all  bonds,  mortgages, 
moneys  and  effects  denominated  principal,  and  belonging 
to  the  township  for  which  he  is  appointed  treasurer,  the 
penalty  of  said  treasurer’s  bond  shall  be  twice  the  amount 
of  said  bonds,  notes,  mortgages,  mone3"S  and  effects.  The 
penalty  of  said  bond  shall  be  increased  from  time  to  time, 
as  the  increase  of  the  amount  of  notes,  bonds,  mortgages 
and  effects  may  require.  And  ever}"  township  treasurer 
appointed  subsequent  to  the  first,  as  herein  provided,  shall 
execute  bond  with  security  as  is  required  of  the  first  treas¬ 
urer.  The  bond  required  in  this  section  shall  be  in  the 
following  form,  viz  : 


State  op  Illinom,  ) 
. .  County.  t***' 


Know  all  men  by  these  presents,  that  we,  A  B,  C  D  and  E  F,  arc  held  and  firmly  of  bond 

bouTiu,  jointly  and  severally,  unto  the  board  of  . .  in  said  county,  in  the 

penal  sum  of . dollars,  for  the  payment  of  which  we  bind  ourselves,  our  heirs, 

executors  and  administrators,  firmly  by  these  presents. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals  this . day  of . . 

A.  D.  18... 

The  condition  of  the  above  obligation  is  such,  that  if  the  above  bounden  A  B, 

township  treasurer  of  township . range  . .  in  the  county  aforesaid,  shall 

faithfully  discharge  all  the  duties  of  said  office  according  to  the  laws  which  now  are 
or  may  hereafter  be  in  force,  and  shall  deliver  to  his  successor  in  oflice  all  moneys, 
books,  papers,  securities  and  property  in  his  hands  as  such  towmship  treasurer,  then 
this  obligation  to  be  void ;  otherwise  to  remain  in  full  force  and  virtue. 

Approved  and  accepted  by 


G  H,) 

I  .1,  “  Trustees. 

K  h,j 


A  B, 
C  D, 
E  y. 


SEAL. 

SEAL. 

SEAL. 


8  56.  PA'ery  township  treasurer  shall  provide  himself  Accounts  of 
with  two  well  bound  books,  the  one  to  be  called  a  cash 
book,  the  other  a  loan  book.  He  shall  charge  himself  in 
the  cash  book  with  all  moneys  received,  stating  the  charge, 
when,  from  whom,  and  on  what  account  received ;  and 
credit  himself  with  all  moneys  paid  or  loaned,  stating  the 
amount  loaned,  the  date  of  the  loan,  the  rate  of  interest, 
the  time  when  payable,  the  name  of  the  securities,  or,  if 
real  estate  be  taken,  a  description  of  the  same.  He  shall 
also  enter,  in  separate  accounts,  moneys  received  and 
moneys  paid  out,  charging  the  first  to  debit  account,  and 
crediting  the  latter  as  follows,  to-wit : 


32 


First — The  principal  of  the  township  fund,  when  paid  in, 
and  when  paid  out. 

Second — The  interest  of  the  township  fund,  when  re¬ 
ceived,  and  when  paid  out. 

Third — The  common  school  fund  and  other  funds,  when 
received  from  the  county  superintendent,  and  when  paid 
out. 

Fourth — The  taxes  received  from  the  county  or  town  col. 
lector,  distinguishing  between  that  for  general  school  pur¬ 
poses  and  that  levied  for  the  purpose  of  prolonging  schools. 

Fijth — Donations  received. 

Sixth — Moneys  coming  from  all  other  sources;  and  in  all 
cases  entering  the  date  when  received  and  when  paid  out. 
And  he  shall  also  arrange  and  keep  his  books  and  accounts 
in  such  other  manner  as  may  be  directed  by  the  state  or 
county  superintendent,  or  the  hoard  of  trustees.  He  shall 
also  provide  a  book,  to  be  called  a  journal,  in  which  he  shall 
record,  fully  and  at  length,  the  acts  and  proceedings  of  the 
K  ®  f i°d  their  orders,  by-laws  and  resolutions.  And  he  shall 

u*ttds.  also  provide  a  book,  to  be  called  a  record,  in  which  he  shall 

enter  a  brief  description  of  all  notes  or  bonds  belonging  to 
the  township,  and  upon  the  opposite  page  he  shall  note 
down  when  paid,  or  any  remarks  to  show  where  or  in  what 
condition  it  is,  as  in  the  following  form,  viz  : 


Makere’  Names. 

Date  of  Note. 

When  Due. 

Am't 

Remarks. 

A  B,  C  U,  E  F. 

January  1st,  18— 

January  1st,  18— 

t 

$90  00 

January  6th,  18—, 
handed  to  I.  J.,  for  col¬ 
lection,  (or  January  6th, 
18—,  paid). 

Subject  to  in- 
i!pe«Uon. 


Ijoans. 


R-ate  of  interest 


Security, 


All  the  books  and  accounts  of  the  treasurer  shall  at  all 
times  be  subject  to  the  inspection  of  the  trustees,  directors, 
or  other  person  authorized  by  this  act,  or  by  any  committee 
appointed  by  the  voters  of  the  township,  at  the  annual  elec¬ 
tion  of  trustees,  to  examine  the  same. 

§  57.  Township  treasurers  shall  loan,  upon  the  following 
conditions,  all  moneys  which  shall  come  to  their  hands  by 
virtue  of  their  office,  except  such  as  may  be  subject  to  dis¬ 
tribution.  The  rate  of  interest  shall  not  be  less  than  eight 
per  cent.,  nor  more  than  ten  per  cent,  per  annum,  payable 
half  yearly  in  advance ;  the  rate  of  interest  to  be  determined 
by  a  majority  of  the  township  trustees,  at  any  regular  or 
special  meeting  of  their  board.  No  loans  shall  be  made  for 
less  than  six  months,  or  more  than  five  years.  For  all  sums 
not  exceeding  one  hundred  dollars,  loaned  for  not  more 
than  one  year,  two  responsible  sureties  shall  be  given  ;  for 
all  sums  over  one  hundred  dollars,  and  for  all  loans  for 
more  than  one  year,  security  shall  be  given  by  mortgage  on 
real  estate,  unincumbered,  in  value  double  the  amount 


loaned,  with  a  condition  that  in  case  additional  security 
shall  at  any  time  be  required,  the  same  shall  be  given  to 
the  satisfaction  of  the  board  of  trustees  for  the  time  being  : 

Provided^  That  nothing  herein  shall  prevent  the  loaning  of 
township  funds  to  boards  of  school  directors,  taking  bonds  tors, 
therefor,  as  provided  in  section  forty-seven  of  this  act. 

Notes,  bonds,  mortgages  and  other  securities  taken  for  nam??^’ 
money  or  other  property,  due  or  to  become  due  to  the  board 
of  trustees  for  the  township,  shall  be  payable  to  the  said 
board  by  their  corporate  name ;  and  in  such  name  suits, 
actions  and  complaints,  and  every  description  of  legal  pro¬ 
ceedings  may  be  had  for  the  recovery  of  money,  the  breach 
of  contracts,  and  for  every  legal  liability  which  may  at  any 
time  arise  or  exist,  or  upon  which  a  right  of  action  shall 
accrue  to  the  use  of  this  corporation:  Provided^  however^  valid  in  other 
that  notes,  bonds,  mortgages  and  other  securities  in  which 
the  name  of  the  county  superintendent  or  of  the  trustees 
of  schools  are  inserted,  shall  be  valid  to  all  intents  and  pur¬ 
poses  ;  and  suit  shall  be  brought  in  the  name  of  the  board 
of  trustees  as  aforesaid.  The  wife  of  the  mortgagor  (if  he 
has  one)  shall  join  in  the  mortgage  given  to  secure  the  pay¬ 
ment  of  money  loaned  by  virtue  of  the  provisions  of  this 
act.  Where  there  is  a  surplus  of  funds  in  the  treasurer’s 
hands,  belonging  to  any  school  district,  he  may  loan  the 
same  for  the  use  and  benefit  of  said  district,  upon  the  writ¬ 
ten  request  of  the  directors  of  such  district,  and  not  other¬ 
wise  ;  and  all  such  loans  shall  be  on  the  same  conditions  as 
are  prescribed  in  this  section  for  the  loaning  of  township 
funds. 

§  58.  Mortgages  to  secure  the  payment  of  money  loaned 
under  the  provisions  of  this  act,  maybe  in  the  following 
form,  viz : 

I,  A  B,  of  the  county  of . .  and  state  of . .  do  hereby  grant,  convey  and 

transfer  to  the  board  of  trustees  of  township . ,  range  . .  in  the  county 

of . and  state  of  Illinois  for  the  use  of  the  inhabitants  of  said  township,  the 

following  described  real  estate,  to- wit :  (Here  insert  premises.)  Which  real  estate  I 

declare  to  be  in  mortgage  for  the  payment  of . dollars  loaned  to  me,  and  for  the 

payment  of  all  interest  that  may  accrue  thereon,  to  be  computed  at  the  rate  of . 

per  cent,  per  annum  until  paid.  And  I  do  hereby  covenant  to  pay  the  said  sum  of 

money  in . years  from  the  date  hereof,  and  to  pay  interest  on  the  same  at  the 

rate  aforesaid,  half-yearly  in  advance.  I  further  covenant  that  I  have  a  good  and 
valid  title  to  said  estate,  and  that  the  same  is  free  from  all  incumbrance ;  and  that  I 
will  pay  all  taxes  and  assessments  which  may  be  levied  on  said  estate ;  and  that  I 
will  give  any  additional  security  that  may  at  any  time  be  required,  in  writing,  by 
said  board  of  trustees  ;  and  if  said  estate  be  sold  to  pay  said  debt,  or  any  part  thereof, 
or  for  any  failure  or  refusal  to  comply  with  or  perform  the  conditions  or  convenants 
herein  contained,  I  will  deliver  immediate  possession  of  the  premises  ;  and  we,  A  B, 
and  C,  wife  of  A  B,  hereby  release  all  right  to  the  said  premises  which  we  may  have 
by  virtue  of  any  homestead  laws  of  this  state,  and  in  consideration  of  the  premises. 

C,  wife  of  said  A  B,  doth  hereby  release  to  the  said  board  all  her  right  and  title  of 
dower  in  the  aforegranted  premises,  for  the  purposes  aforesaid. 

In  testimony  whereof,  we  have  hereunto  set  our  hands  and  seals,  this . day 

of . .  18... 

A  B,  [seal.] 

C  D,  [SEAL.] 

Which  mortgage  shall  be  acknowledged  and  recorded  as 
is  required  by  law  for  other  conveyances  of  real  estate,  the  Mortgage  to  be 
mortgagor  paying  the  expenses  of  acknowledgment  and 
recording. 

—3 


/ 


34 


§  59.  Upon  the  breach  of  any  condition  or  stipulation 
Action  on  contained  in  said  mortgage,  an  action  may  be  maintained 
or  gage.  damages  recovered  as  upon  other  covenants ;  but  mort¬ 

gages  made  in  any  other  form  to  secure  payment,  as  afore¬ 
said,  shall  be  valid  as  if  no  form  had  been  prescribed.  In 
estimating  the  value, of  real  estate  mortgaged  to  secure  the 
payment  of  money  loaned  under  the  provisions  of  this  law, 
the  value  of  improvements  liable  to  be  destroyed  shall  not 
be  included. 

§  60.  In  all  cases  where  the  board  of  trustees  shall  re- 
Additionai  quire  additional  security  for  the  payment  of  money  loaned, 
and  such  security  shall  not  be  given,  the  township  treasurer 
shall  cause  suit  to  be  instituted  for  the  recovery  of  the 
same,  and  all  interest  thereon,  to  the  date  of  judgment : 
Provided^  that  proof  be  made  of  the  said  requisition.  In 
the  payment  of  debts  by  executors  and  administrators, 
•ven^’^to^Sts  common  school  or  township  fund  shall  have 

due  School  funi  a  preference  over  all  other  debts,  except  funeral  and  other 
expenses  attending  the  last  sickness,  not  including  the 
physician’s  bill.  And  it  shall  be  the  duty  of  the  township 
treasurer  to  attend  at  the  office  of  the  probate  justice, 
upon  the  proper  day,  as  other  creditors,  and  have  any 
debts,  as  aforesaid,  probated  and  classed,  to  be  paid  as 
aforesaid. 


Default  in  pay¬ 
ment-penalty. 


§  61.  If  default  be  made  in  the  payment  of  interest  due 
upon  money  loaned  by  any  county  superintendent  or  town¬ 
ship  treasurers,  or  in  the  payment  of  the  principal,  interest 
at  the  rate  of  twelve  per  cent,  per  annum  shall  be  charged 
upon  the  principal  and  interest  from  the  day  of  default, 
which  shall  be  included  in  the  assessment  of  damages,  or  in 
the  judgment  in  suit  or  action  brought  upon  the  obligation 
to  enforce  payment  thereof ;  and  interest  as  aforesaid  may 
be  recovered  in  action  brought  to  recover  interest  only. 

Action  to  re-  And  the  Said  township  treasurers  are  hereby  empowered  to 
over  in  eres .  appropriate  actions,  in  the  name  of  the  board  of  trus¬ 

tees,  for  the  recovery  of  the  half-yearly  interest,  when  due 
and  unpaid,  without  suing  for  the  principal,  in  what¬ 
ever  form  secured,  and  justices  of  the  peace  shall  have 
jurisdiction  in  such  cases  in  all  sums  of  two  hundred 
dollars. 

§  62.  All  suits  brought  or  actions  instituted,  under  the 
provisions  of  this  act,  may  be  brought  in  the  name  of  the 

“Board  of  Trustees  of  Township - ,  Range - ,”  except 

as  is  provided  for  action  qui  tarn  in  this  act,  or  in  favor  of 
county  superintendents.  The  township  treasurer  shall  de- 
Dutiesof  town-mand,  receive  and  safely  keep,  according  to  law,  all  moneys, 
ship  treasurer.  ^nd  papers  of  every  description  belonging  to  his 

township.  He  shall  keep  the  township  fund  loaned  at  in¬ 
terest  ;  and  if,  on  the  first  Monday  in  October  in  any  year, 
there  shall  be  any  interest  or  other  funds  on  hand  which 
shall  not  be  required  for  distribution,  such  amount,  not  re¬ 
quired,  as  aforesaid,  may,  if  the  board  of  trustees  see  proper. 


Manner  of 
bringing  suits, 


35 


forever  be  considered  as  principal  in  the  funds  to  which  it 
belongs,  and  loaned  as  such. 

§  63.  On  the  first  Mondays  of  April  and  October,  of  every  report^to'^trus- 
year,  the  township  treasurer  shall  lay  before  the  board  of  tees, 
trustees  a  statement,  showing  the  amount  of  interest,  rents, 
issues  and  profits  that  have  accrued  or  become  due  since 
their  last  regular  half-yearly  meeting,  on  the  township 
lands  and  township  funds,  and  also  the  amount  of  state  and 
county  fund  interest  on  hand.  He  shall  also  lay  before  the 
said  trustees  all  books,  notes,  bonds,  mortgages  and  all  other 
evidences  of  indebtedness  belonging  to  the  township,  for  # 

the  examination  of  the  trustees,  and  shall  make  such  other 
statement  as  the  board  may  require,  touching  the  duties  of 
his  office.  The  township  treasurer  shall  also,  on  the  first  Exhibit  to  di- 
Mondays  of  April  and  October  of  each  year,  make  a  full 
settlement  wdth  the  respective  boards  of  directors  in  his 
township,  and  shall  deliver  to  the  clerk  of  each  of  said 
boards,  on  demand,  a  statement  or  exhibit,  showing  the  ex¬ 
act  condition  of  the  account  of  each  district,  and  the  amount 
of  funds  of  every  description  in  his  hands,  to  the  credit  of 
and  belonging  to  each  district,  respectively,  and  subject  to 
the  order  of  the  directors  thereof.  He  shall  make  out,  an-  Exhibit  to 
nually,  and  present  at  the  meeting  of  the  board  of  trustees 
succeeding  the  annual  election,  a  complete  exhibit  of  the 
fiscal  affairs  of  the  township  and  of  the  several  districts, 
showing  the  receipts  of  moneys,  and  the  sources  from  which  , 
t  hey  have  been  derived,  and  the  deficit  and  delinquencies, 
if  there  be  any,  and  their  cause,  as  well  as  a  classified  state¬ 
ment  of  moneys  paid  out,  and  amount  of  obligations  re¬ 
maining  unpaid. 

§  64.  For  any  failure  or  refusal  to  perform  all  the  duties  bie  fo^faiiure^ 
required  of  township  treasurer  by  law,  he  shall  be  liable  to 
the  board  of  trustees  upon  his  bond,  to  be  recovered  by  ac¬ 
tion  of  debt  by  said  board,  in  their  corporate  name,  for  the 
use  of  the  proper  township,  before  any  court  having  juris¬ 
diction  of  the  amount  of  damages  claimed;  but  if  said  treas- 
urer,  in  any  such  failure  or  refusal,  acted  under  and  in  con- orders  of  board, 
formity  to  a  requisition  or  order  of  said  board,  or  a  majority 
of  them,  entered  upon  their  journal  and  subscribed  by  their 
president  and  clerk,  then  and  in  that  case  the  members  of 
the  said  board,  aforesaid,  or  those  of  them  voting  for  said 
requisition  or  order  aforesaid,  and  not  the  treasurer,  shall 
be  liable,  jointly  and  severally,  to  the  inhabitants  of  the 
township,  to  be  recovered  by  action  of  assumpsit,  in  the 
official  name  of  the  county  superintendent  of  schools,  for 
the  use  of  the  proper  township. 

§  65.  When  a  township  treasurer  shall  resign  or  be  re-  Bonds,  secur- 
moved,  and  at  the  expiration  of  his  term  of  office,  he  shall  tu^ed^  oVS  to 
pay  over  to  his  successor  in  office  all  money  on  hand,  and  successor, 
deliver  over  all  books,  notes,  bonds,  mortgages,  and  all  other 
securities  for  money  and  all  papers  and  documents  of  every 
description,  in  which  the  corporation  may  have  any  interest 
whatever,  and  in  case  of  the  death  of  the  township  treasurer, 


36 


his  securities  and  legal  representatives  shall  be  bound  to 
id^eiu  comply  with  the  requisitions  of  this  section.  And  for  any 
failure  to  comply  with  the  requisitions  of  this  section,  he 
shall  be  liable  to  a  penalty  of  not  less  than  ten  nor  more  than 
one  hundred  dollars,  at  the  discretion  of  the  court  before 
which  judgment  may  be  obtained;  and  the  obtaining  or  pay¬ 
ment  of  said  judgment  shall  in  nowise  discharge  or  diminish 
the  obligation  of  his  official  bond. 


TOWNSHIP  AND  COUNTY  SCHOOL  FUNDS. 


teSth  s^ection"  §  bonds,  iiotes,  mortgages,  moneys  and  effects, 

which  have  heretofore  accrued,  or  may  hereafter  accrue, 
from  the  sale  of  the  sixteenth  section  of  the  common  school 
lands  of  any  township  or  county,  or  from  the  sale  of  any 
real  estate  or  other  property,  taken  on  any  judgment  or  for 
any  debt  due  to  the  principal  of  any  township  or  county 
Pr  nci  ai  Other  funds  of  every  description,  which  have 

towSip^fund.  been  or  may  hereafter  be  carried  to  and  made  part  of  the 
principal  of  any  township  or  county  fund,  by  any  law  which 
has  heretofore  been,  is  now,  or  may  hereafter  be  enacted, 
are  hereby  declared  to  be  and  shall  forever  constitute  the 
principal  of  the  township  or  county  fund,  respectively,  and 
no  part  thereof  shall  ever  be  distributed  or  expended  for 
any  purpose  whatever,  but  shall  be  loaned  out,  and  held  to 
use,  rent  or  profit,  as  provided  by  law.  But  the  interest, 
triinitefr  rents,  issues  and  profits,  arising  and  accruing  from  the  prin¬ 
cipal  of  said  township  or  county  fund,  shall  be  distributed 
in  the  manner  and  at  the  times  provided  in  this  act ;  nor 
shall  any  part  of  such  interest,  rents,  issues  and  profits  be 
carried  to  the  principal  of  the  respective  funds,  except  as 
provided  in  section  sixty-two  of  this  act. 


bepaid^out  on  §  67.  Scliool  funds  Collected  from  special  taxes,  levied 
orders  of  di- bv  Order  of  school  directors,  or  from  the  sale  of  property 
belonging  to  any  district,  shall  be  paid  out  on  the  order  of 
the  proper  board  of  directors ;  and  all  other  moneys  and 
school  funds,  liable  to  distribution,  paid  into  the  township 
treasury,  or  coming  into  the  hands  of  the  township  treas¬ 
urer,  shall,  after  said  funds  have  been  apportioned  by  the 
township  trustees,  as  required  in  section  thirty-four  of  this 
act,  be  paid  out  only  on  the  order  of  the  proper  board  of 
directors,  signed  by  the  president  and  clerk  of  said  board, 
or  by  a  majority  of  such  board.  For  all  payments  made, 
receipts  shall  be  taken  and  filed.  In  all  such  orders  shall 
be  stated  the  purpose  for  which,  or  on  what  account  drawn. 
Said  orders  may  be  in  the  following  form,  viz  : 


Forro  of  order.  The  treasurer  of . township  No . .  range  No . .  in . county, 

will  pay  to . .  or  bearer, . dollars  and . cents  (on  his  contract 

for  repairing  school  house,  or  whatever  the  purpose  may  be). 

By  order  of  the  Board  of  Directors  of  district  No . .  in  said  Township. 

C  D,  Clerk.  A  B,  President. 


j^ceipt  to  be  Which  order,  together  with  the  receipt  of  the  person  to 
whom  paid,  shall  be  filed  in  the  office  of  the  township 
treasurer. 


COMMON  SCHOOL  FUNDS. 


§  68.  i'The  common  school  fund  of  this  state  shall 
sist  of  the  proceeds  of  a  two  mill  tax,  to  be  levied  upon 
each  dollar’s  valuation  of  the  property  in  the  state  annu¬ 
ally,  until  otherwise  provided  bylaw  ;  the  interest  on  what 
is  known  as  the  ‘‘  School  Fund  ”  proper,  being  three  per 
cent,  upon  the  net  proceeds  of  the  sales  of  the  public  lands 
in  this  state,  one-sixth  part  excepted,  and  the  interest  on 
what  is  known  as  the  “  Surplus  Revenue,”  distributed  by 
act  of  congress,  and  made  a  part  of  the  common  school 
fund  by  act  of  the  legislature,  March  four,  eighteen  hun¬ 
dred  and  thirty-seven. 

§  69.  The  state  shall  pay  the  interest  mentioned  in  the 
next  preceding  section  at  the  rate  of  six  per  cent,  per 
annum,  annually,  to  be  paid  into  and  become  part  of  said 
school  fund. 

§  70.  fOn  the  first  Monday  in  January,  in  each 
every  year  next  after  taking  the  census  of  the  state,  the  dend  and  issue 
auditor  of  public  accounts  shall  ascertain  the  number  of 
children  in  each  county  in  the  state,  under  twenty-one 
years  of  age,  and  shall  thereupon  make  a  dividend  to  each 
county  of  the  sum  from  the  tax  levied  and  collected  under 
the  provisions  of  the  sixty-eighth  section  of  this  act,  and  of 
the  interest  due  on  the  school  fund  proper  and  surplus  rev¬ 
enue,  in  proportion  to  the  number  of  children  in  each  Basis  of. 
county  under  the  age  aforesaid,  and  issue  his  warrant  to 
the  superintendent  of  schools  of  each  county  upon  the  col¬ 
lector  thereof.  And  upon  presentation  of  said  warrant  by 
the  county  superintendent  to  the  collector  of  his  county, 
said  collector  or  treasurer  shall  pay  over  to  the  county 
superintendent  the  amount  of  said  warrant  out  of  the  first 
funds  which  may  be  collected  by  him,  and  not  otherwise 
appropriated  by  law,  taking  said  superintendent’s  receipt 
therefor.  The  warrants  issued  by  the  auditor  of  public  to  receir^war- 
accounts  for  the  school  fund  tax  and  for  the  interest  of  the  <5oi- 

school  fund  proper  and  surplus  revenue,  shall  be  received 
by  the  state  treasurer  in  payment  of  amounts  due  to  the 
state  from  county  collectors ;  and  on  presentation,  by  the 
state  treasurer,  of  said  warrants  to  the  auditor,  he  shall 
issue  his  warrant  to  said  treasurer  on  the  school  fund  for 
the  amount  of  the  school  fund  tax  warrants  and  on  the 
revenue  fund  for  the  amount  of  the  warrants  for  interest 
on  the  school  fund  proper  and  surplus  revenue.  Dividends 
shall  be  made  as  aforesaid,  according  to  the  proportions 
ascertained  to  be  due  to  each  county,  annually  thereafter, 
until  another  census  shall  have  been  taken,  and  then  divi¬ 
dends  shall  be  made  and  continued  as  aforesaid,  according 

fTbe  twenty-third  clause  of  the  act  to  provide  for  the  ordinary  and  contingent 
expenses  of  the  state  government,  etc.,  approved  May  3d,  1873,  provides  that  in 
lieu  of  the  two  mill  school  tax,  there  shall  be  appropriated  :  “The  sum  of  one  mill¬ 
ion  dollars,  annually,  out  of  the  state  school  fund,  to  pay  the  amount  of  the  audi¬ 
tor’s  orders  issued  for  the  distribution  of  said  fund  to  the  several  counties.  The 
auditor  shall  issue  his  warrant,  on  the  proper  evidence  that  the  amount  distributed 
has  been  paid  to  the  county  school  superintendents.’’ 


38 


Refusal  of  col¬ 
lector  to  pay. 


to  the  last  census  :  Provided,  that  if  any  collector  shall  fail 
or  refuse  to  pay  the  amount  of  the  aforesaid  warrant,  or 
any  part  thereof,  by  the  first  day  of  March,  annually,  or  so 
soon  thereafter  as  it  may  he  presented,  it  shall  be  compe¬ 
tent  for  the  county  superintendent  to  proceed  against  said 
collector  and  his  securities  in  an  action  of  debt,  in  any 
court  having  competent  jurisdiction  ;  and  the  said  collector 
shall  pay  twelve  per  centum,  to  be  assessed  as  damages, 
upon  the  amount  due,  and  which  shall  be  included  in  the 
judgment  obtained  against  him. 


COMPENSATION  OF  OFFICERS. 


§  71.  ^Collectors  of  the  two  mill  tax,  authorized  under 
Fixed  bylaw,  section  sixty-eight  of  this  act,  shall  be  entitled  to  such  com¬ 
pensation  as  is  or  maybe  provided  by  law  for  the  collection 
of  taxes.  County  superintendents  of  schools  shall  hereafter 
receive,  in  full  for  all  services  performed  by  them,  such 
compensation  as  is  or  may  be  fixed  by  law.  Said  compen¬ 
sation  shall  be  payable  quarterly,  out  of  the  county  treas- 
tions^fo/^n?t1-  upon  the  Order  of  the  county  clerk  ;  and  county  boards 
tutes.  are  authorized  to  make  appropriations  for  the  holding  of 

county  teachers’  institutes. 

§  72.  Township  treasurers  shall  receive,  in  full  for  their 
c^pensation  g0j.yiQgg^  a  compensation,  to  be  fixed  prior  to  their  election, 
eagurers.  board  of  trustees.  Trustees  of  schools,  school  direc- 

ors  or  other  school  officers  performing  like  duties,  shall  be 
Exemption.  exempted  from  road  labor  and  from  military  duty. 

LIABILITIES  OF  OFFICERS. 


§  73.  If  any  county  superintendent,  trustee  of  schools, 
township  treasurer,  director,  or  any  other  person  intrusted 
dictment^and  with  the  care.  Control,  management  or  disposition  of  any 
imprisonment,  school,  college.  Seminary  or  township  fund  for  the  use  of 
any  county,  township,  district  or  school,  shall  convert  such 
funds,  or  any  portion  thereof,  to  his  own  use,  he  shall  be 
liable  to  indictment,  and,  upon  conviction,  shall  be  fined  in 
not  less  than  double  the  amount  of  money  converted,  and 
imprisoned  in  the  county  jail  not  less  than  one  or  more 
than  twelve  months,  at  the  discretion  of  the  court. 

§  74.  Trustees  of  schools  shall  be  liable,  jointly  and 

Trustees  lia  sufficiency  of  securities  taken  from  town- 

bie  for  securi- ship  treasurers  ;  and  in  case  of  judgment  against  said  treas- 
treasurS’ their  securities,  for  or  on  account  of  any  default 
'  of  such  treasurer,  on  which  the  money  shall  not  be  made 
for  want  of  sufficient  property  whereon  to  levy  execution, 
actions  on  the  case  may  be  maintained  against  said  trus¬ 
tees  jointly  or  severally,  and  the  amount  not  collected  on 
said  judgment  shall  be  recovered  with  costs ;  Provided, 
that  if  said  trustees  can  show  satisfactorily  that  the  security 
taken  from  the  treasurer  as  aforesaid  was,  at  the  time  of 
said  taking,  good  and  sufficient,  they  shall  not  be  liable  as 
aforesaid. 


Exception. 


"See  note,  foot  of  preceding  page. 


39 


§  75.  The  real  estate  of  county  superintendents,  of 
township  treasurers,  and  all  other  school  officers,  and  of  the 
securities  of  each  of  them,  shall  be  bound  for  the  satisfac- bound, 
tion  and  payment  of  all  claims  and  demands  against  said 
superintendents  and  treasurers,  and  other  officers,  as  such, 
from  the  date  of  issuing  process  against  them,  in  actions  or 
suits  brought  to  recover  such  claims  or  demands,  until  sat¬ 
isfaction  thereof  be  obtained ;  and  no  sale  or  alienation  of 
real  estate  by  any  superintendent,  treasurer  or  other  officer, 
or  security  aforesaid,  shall  defeat  the  lien  created  by  this 
section,  but  all  and  singular  such  real  estate  held,  owned  or 
claimed  as  aforesaid,  shall  be  liable  to  be  sold  in  satisfac- \ 
tion  of  any  judgment  which  may  be  obtained  in  such  ac¬ 
tions  or  suits. 

§  76.  Trustees  of  schools,  or  either  of  them,  failing  or  Manure  onr^us^ 
refusing  to  make  returns  of  children  in  their  township,  returns, 
according  to  the  provisions  of  this  act,  or  if  either  of  them 
shall  knowdngly  make  a  false  return,  the  party  so  offending 
shall  be  liable  to  a  penalty  of  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars,  to  be  recovered  by  action 
of  assumpsit,  before  any  justice  of  the  peace  of  the  county; 
which  penalty,  when  collected,  shall  be  added  to  the  town¬ 
ship  fund ;  and  if  any  county  superintendent,  director  or 
trustee,  or  either  of  them,  or  other  officer  whose  duty  it  is,  dollar?' 
shall  negligently  or  willfully  fail  or  refuse  to  make,  furnish  or 
communicate  the  statistics  and  information,  or  shall  fail  to 
discharge  the  duties  enjoined  upon  them,  or  either  of  them, 
at  the  time  and  in  the  manner  required  by  the  provisions 
of  this  act,  such  delinquent  or  party  offending  shall  be  lia¬ 
ble  to  a  fine  of  twenty-five  dollars,  to  be  recovered  before 
any  justice  of  the  peace,  on  information  in  the  name  of  the 
People  of  the  State  of  Illinois,  and  when  collected,  to  be 
paid  to  the  county  superintendent  of  the  proper  county,  for 
the  use  of  schools;  and  any  director  failing  to  perform  his .  county  super- 
duties  as  director,  under  this  act,  may  be  removed  by  the  “Sove^^direc^ 
county  superintendent,  and  a  new  election  ordered,  as  in  tor. 
other  cases  of  vacancy. 

§  77.  County  superintendents,  trustees  of  schools,  direc-  gpoSSbi? 
tors  and  township  treasurers,  or  either  of  them,  and  any  loss  of  funds, 
other  officer  having  charge  of  school  funds  or  property,  shall 
be  responsible  for  all  losses  sustained  by  any  county,  town¬ 
ship  or  school  fund,  by  reason  of  any  failure  on  his  or  their 
part  to  perform  the  duties  required  of  him  or  them  b3^  this 
act,  or  by  any  rule  or  regulation  authorized  to  be  made  by 
this  act ;  and  each  and  every  one  of  the  officers  aforesaid 
shall  be  liable  for  any  such  loss  sustained  as  aforesaid,  and 
the  amount  thereof  may  be  recovered  in  a  civil  action  be¬ 
fore  any  court  having  jurisdiction  thereof,  at  the  suit  of  the 
State  of  Illinois,  for  the  use  of  the  county,  township  or  fund 
injured;  and  the  amount,  when  collected,  shall  be  paid  to 
the  proper  officer,  for  the  benefit  of  said  county,  township  Perversion  of 
or  fund  injured.  No  county,  city,  town,  township,  school  h^nds  to  secta- 
district  or  other  public  corporation,  shall  ever  make  any  firbidfien.^*^^^ 


40 


appropriation  or  pay  from  any  school  fund  whatever,  any¬ 
thing  in  aid  of  any  church  or  sectarian  purpose,  or  to  help 
support  or  sustain  any  school,  academy,  seminary,  college, 
university  or  other  literary  or  scientific  institution  con¬ 
trolled  by  any  church  or  sectarian  denomination  whatever ; 
nor  shall  any  grant  or  donation  of  money  or  other  personal 
property  ever  be  made  by  any  such  corporation  to  any 
church,  or  for  any  sectarian  purpose ;  and  any  officer  or 
other  person,  having  under  his  charge  or  direction  school 
funds  or  property,  w^ho  shall  pervert  the  same  in  the  man¬ 
ner  forbidden  in  this  section,  shall  be  liable  to  indictment, 
and,  upon  conviction,  shall  be  fined  in  a  sum  not  less  than 
double  the  value  of  the  property  so  perverted,  and  impris- 
luterest  m  oned  in  the  county  jail  not  less  than  one  nor  more  than 
^c^  oo  twelve  months,  at  the  discretion  of  the  court.  No  teacher, 

state,  county,  township  or  district  school  officer,  shall  be  in¬ 
terested  in  the  sale,  proceeds  or  profits  of  any  book,  appa¬ 
ratus  or  furniture  used  or  to  be  used  in  any  school  in  this 
state  with  which  such  officer  or  teacher  may  be  connected, 
and  for  offending  against  the  provisions  of  this  section  shall 
Penalties.  liable  to  indictment,  and,  upon  conviction,  shall  be  fined 

in  a  sum  not  less  than  twenty-five  nor  more  than  five  hun¬ 
dred  dollars,  and  may  be  imprisoned  in  the  county  jail  not 
less  than  one  nor  m.ore  than  twelve  months,  at  the  discre¬ 
tion  of  the  court. 


COSTS,  TENURE  OF  OFFICERS  AND  CONTRACTS  UNDER  FORMER 

LAW^S. 


Costs  not 
be  charged. 


to  §  78.  No  justice  of  the  peace,  probate  justice,  constable, 
clerk  of  any  court,  or  sheriff*,  shall  charge  any  costs  in  any 
suit  where  any  agent  of  any  school  fund,  suing  for  the  re¬ 
covery  of  the  same,  or  any  interest  due  thereon,  is  plaintiff, 
and  shall  be  unsuccessful  in  such  suit. 


OF  CITIES  AND  INCORPORATED  TOWNS. 


uot^rep^ied?^'^  §  This  act  shall  not  be  so  construed  as  to  repeal  or 
change,  in  any  respect,  any  special  acts  in  relation  to  schools 
in  cities  having  less  than  one  hundred  thousand  inhabi¬ 
tants,  or  incorporated  towns,  townships  or  districts,  except 
that  it  shall  be  the  duty  of  the  several  boards  of  education 
or  other  ofiicers  of  any  city  or  incorporated  town,  township 
or  district,  having  in  charge  schools  under  the  provisions 
Pveports.  of  any  of  the  said  special  acts,  or  of  any  ordinance  of  any 
city  or  incorporated  town,  on  or  before  the  second  Monday 
of  October  preceding  each  regular  session  of  the  general 
assembly  of  this  state,  or  annually,  if  required  so  to  do  by 
the  state  superintendent,  to  make  out  and  render  a  state¬ 
ment  of  all  such  statistics  and  o^her  information  in  regard 
to  schools,  and  the  enumeration  of  persons,  as  [is]  required  to 
be  communicated  by  township  boards  of  trustees  or  direct¬ 
ors  under  the  provisions  of  this  act,  or  so  much  thereof  as 


41 


may  be  applicable  to  said  city  or  incorporated  town,  to  the 
county  superintendent  of  the  county  where  such  city  or 
incorporated  town  is  situated,  or  of  the  county  in  which  the 
larger  part  of  such  city  or  town  is  situated ;  nor  shall  it  be  wSheid.* 
lawful  for  the  county  superintendent,  or  any  other  officer  or 
person,  to  pay  over  any  portion  of  the  common  school  fund 
to  any  local  treasurer,  school  agent,  clerk,  board  of  educa¬ 
tion,  or  other  officer  or  person  of  any  township,  city  or  in¬ 
corporated  town,  unless  a  report  of  the  number  of  persons, 
and  other  statistics  relative  to  school’s,  and  a  statement  of  ' 
such  other  information  as  is  required  of  the  boards  of  trus¬ 
tees  or  directors,  as  aforesaid,  and  of  other  school  officers 
and  teachers,  under  the  provisions  of  this  act,  shall  have 
been  filed  at  the  time  or  times  aforesaid,  specified  in  this 
section,  with  the  superintendent  of  schools  of  the  proper 
county  as  aforesaid.  It  shall  also  be  the  duty  of  the  presi- 
dent,  principal  or  other  proper  officer  of  every  organized 
university,  college,  seminary,  academy,  or  other  literary 
institution,  heretofore  incorporated,  or  hereafter  to  be  in¬ 
corporated  in  this  state,  to  make  out  or  cause  to  be  made 
out  and  forwarded  to  the  office  of  the  superintendent  of 
public  instruction,  on  or  before  the  first  Monday  in  Novem¬ 
ber,  in  each  year,  a  report  setting  forth  the  amount  and 
estimated  value  of  real  estate  owned  by  the  corporation,  the 
amount  of  other  funds  and  endowments,  and  the  yearly  in¬ 
come  from  all  sources,  the  number  of  instructors,  the  num¬ 
ber  of  students  in  the  different  classes,  the  studies  pursued 
and  the  books  used,  the  course  of  instruction,  the  terms  of 
tuition,  and  such  other  matters  as  may  be  specially  requested 
by  said  superintendent,  or  as  maybe  deemed  proper  by  the 
president  or  principal  of  such  institutions,  to  enable  the 
superintendent  of  public  instruction  to  lay  before  the  leg¬ 
islature  a  fair  and  full  exhibit  of  the  affairs  and  conditions 
of  said  institutions,  and  of  the  educational  resources  of  the 
state. 

§  80.  Incorporated  cities  and  villages,  except  such  as 
now  have  charge  and  control  of  free  schools  by  special  acts, 
shall  be  and  remain  parts  of  the  school  townships  in  which 
they  are  respectively  situated,  and  be  subject  to  the  general 
provisions  of  the  school  law,  except  as  otherwise  provided 
in  this  section.  In  all  school  districts,  having  a  population 
of  not  less  than  two  thousand  inhabitants,  and  not  gov¬ 
erned  by  any  special  act  in  relation  to  free  schools  now  in 
force,  there  shall  be  elected,  instead  of  the  directors  P^’c>-ucSfon*°^ 
vided  by  law  in  other  districts,  a  board  of  education,  to  con¬ 
sist  of  six  members  and  three  additional  members  for  every 
additional  ten  thousand  inhabitants,  to  be  elected  in  the 
manner  provided  by  section  forty-two  of  this  act  for  the 
election  of  school  directors.  At  the  first  election  of  direct¬ 
ors  succeeding  the  passage  of  this  act,  in  any  district  hav¬ 
ing  a  population  of  not  less  than  two  thousand  inhabitants 
by  the  census  of  eighteen  hundred  and  seventy,  and  in  such 
other  districts  as  may  hereafter  be  ascertained  by  any  spe¬ 
cial  or  general  census  to  have  a  population  of  not  less  than 


42 


two  thousand  inhabitants,  at  the  first  election  of  directors 
occurring  after  taking  such  special  or  general  census,  there 
shall  be  elected  aboard  of  education,  who  shall  be  the  suc¬ 
cessors  of  the  directors  of  the  district;  and  all  rights  of 
property  and  rights  and  causes  of  action  existing  or  vested 
in  such  directors  shall  vest  in  said  board  of  education  in  as 
full  and  complete  a  manner  as  was  vested  in  the  school 
directors.  Such  board,  at  its  first  meeting,  shall  fix  by  lot 
the  terms  of  office  of  its  members,  so  that  one-third  shall 
serve  for  one  year,  one-third  for  two  years,  and  one-third  for 
three  years ;  and  thereafter  one-third  of  the  members  shall 
be  elected  annually,  on  the  first  Saturday  in  April,  to  fill 
Term  of  office.  vacancies  occurring,  and  to  serve  for  the  term  of  three 
Powers  and  years.  Such  board  shall  have  power,  and  it  shall  be  their 
duties.  duty,  in  addition  to  or  inclusive  of  the  powers  and  duties  of 
school  directors : 

First — To  establish  and  support  free  schools  not  less  than 
six  nor  more  than  ten  months  in  each  year. 

Second — To  repair  and  improve  school  houses,  and  furnish 
them  with  the  necessary  fixtures,  furniture,  apparatus, 
libraries  and  fuel. 

Third — To  buy  or  lease  sites  for  school  houses,  with  the 
necessary  grounds. 

Fourth — To  establish  schools  of  different  grades,  and 
make  regulations  for  the  admission  of  pupils  into  the 
same. 

Fifth — To  levy  a  tax  annually  upon  the  taxable  property 
of  the  district,  in  the  manner  provided  by  section  forty-four 
of  this  act,  for  the  purpose  of  supporting  and  maintaining 
free  schools  in  accordance  with  the  powers  herein  con¬ 
ferred  :  Provided,  that  it  shall  not  be  lawful  for  such  board 
of  education  to  purchase  or  locate  a  school-house  site,  to 
purchase,  build  or  move  a  school  house,  or  levy  a  tax  to  ex¬ 
tend  schools  beyond  the  period  of  ten  months  in  each  year, 
except  upon  petition  of  a  majority  of  the  voters  of  the  dis¬ 
trict. 

Sixth — To  examine  and  employ  teachers,  and  fix  the 
amount  of  their  salaries. 

Seventh — To  employ,  should  they  deem  it  expedient,  a 
competent  and  discreet  person  or  persons  as  superinten¬ 
dent  or  superintendents  of  schools,  and  fix  and  pay  a 
■proper  salary  or  salaries  therefor;  and  such  superinten¬ 
dent  may  be  required  to  act  as  principal  or  teacher  in  such 
schools. 

Eighth — To  lay  off  and  divide  the  district  into  sub-dis- 
•  tricts,  and  from  time  to  time  to  alter  the  same,  create  new 
ones  and  consolidate  them. 

Ninth — To  visit  all  the  public  schools  as  often  as  once  a 
month,  to  inquire  into  the  progress  of  scholars  and  the  gov¬ 
ernment  of  the  schools;  to  prescribe  the  method  and  course 
of  discipline  and  instruction  in  the  respective  schools,  and 
to  see  that  they  are  maintained  and  pursued  in  the  proper 
manner.  They  shall  have  power  to  expel  any  pupil  who 


43 


may  be  guilty  of  gross  disobedience  or  misconduct,  and 
to  dismiss  and  remove  any  teacher,  whenever,  in  their 
opinion,  he  or  she  is  not  qualified  to  teach,  or  whenever 
from  any  cause  the  interests  of  the  schools  may  in  their 
opinion,  require  such  removal  or  dismission.^  They  shall 
have  power  to  apportion  the  scholars  to  the  seyeral  schools. 

It  shall  be  the  duty  of  the  board  of 'education  to  establish 
all  ,such  by-laws,  rules  and  regulations  for  the  government, 
and  for  the  establishment  and  maintenance  of  a  proper  and 
uniform  system  of  discipline  in  the  several  schools,  as  may, 
in  their  opinion,  be  necessary.  It  shall  be  the  duty  of  said 
board  to  take  charge  of  the  school  houses,  furniture,  ground, 
and  other  property  belonging  to  the  district,  and  see  that 
the  same  are  kept  in  good  condition,  and  not  suffered  to  be 
unnecessarily  injured  or  deteriorated,  and  also  to  provide 
fuel,  and  such  other  necessaries  for  the  schools  as,  in  their 
opinion,  may  be  required  in  the  school  houses  or  other 
property  belonging  to  the  district.  The  said  board  shall 
appoint  a  president  (who  shall  be  one  of  their  own  number) 
and  a  secretary,  and  provide  themselves  with  a  well  bound 
book,  at  the  expense  of  the  school  tax  fund,  in  which  shall 
be  kept  a  faithful  record  of  all  their  proceedings.  The  yeas  yeas  and  nays, 
and  nays  shall  be  taken,  and  entered  on  the  records  of  the 
proceedings  of  the  board,  upon  all  questions  involving  the 
expenditure  of  money.  None  of  the  powers  herein  con¬ 
ferred  upon  the  board  of  education  shall  be  exercised  by 
them  except  at  a  regular  or  special  meeting  of  the  board. 

The  board  of  education  shall  annually  prepare  and  publish 
in  some  newspaper,  or  in  pamphlet  form,  a  report  of  the 
number  of  pupils  instructed  in  the  year  preceding,  the^ 
several  branches  of  education  pursued  by  them,  of  the  num¬ 
ber  of  persons  between  the  ages  of  twelve  and  twenty-one 
unable  to  read  and  write,  and  the  receipts  and  expenditures 
of  each  school,  specifying  the  source  of  such  receipts  and 
the  objects  of  such  expenditures.  All  conve3^ances  of  real 
estate  shall  be  made  to  the  township  trustees,  in  trust  for 
the  use  of  schools,  and  no  conveyance  of  any  real  estate 
or  interest  therein,  used  for  school  purposes  or  held  in  trust 
for  schools  shall  be  made  except  by  the  board  of  trustees, 
upon  the  written  request  of  such  board  of  education.  All 
moneys  raised  by  taxation  for  school  purposes  or  received  Township 
from  the  state  common  school  fund,  or  from  any  other  ^avrcharge  ^ 
source  for  school  purposes,  shall  be  held  by  the  township  funds, 
treasurer  as  a  special  fund  for  school  purposes,  subject  to 
the  order  of  the  board  of  education,  upon  warrants  signed 
by  the  president  and  secretary  thereof.  Any  city,  incor-  special  school 
■  porated  town,  township  or  district  in  which  the  free  schools  nnqSshedf 
are  now  managed  under  any  special  act,  may,  by  vote  of  its 
electors,  cease  to  control  such  schools  under  such  special 
act,  and  become  a  part  of  the  school  township  in  which  it 
is  situated,  and  subject  to  the  control  of  the  trustees  thereof, 
under  and  according  to  the  provisions  of  this  act.  Upon 
petition  of  fifty  voters  of  such  city,  town,  township  or  dis¬ 
trict,  presented  to  the  board  having  the  control  and  manage- 


44 


schools  in  such  city,  town,  township  or  district,  it 
shall  be  the  duty  of  such  board,  at  the  next  ensuing  election 
to  be  held  in  such  city,  town,  township  or  district,  to  cause 
to  be  submitted  to  the  voters  thereof,  giving  not  less  than 
htteen  days’  notice  thereof  by  posting  not  less  than  five 

Organization  town- 

under  this  act.  ^tp  or  district,  the  question  of  ‘^Organization  under  the 

r  ree  School  Law  •”  and  if  it  shall  appear,  on  a  canvass  of 
the  returns  of  said  election,  that  a  majority  of  the  votes  cast 
at  such  election  are  “For  Organization  under  the  Free 
^hool  Law,  then  at  the  next  ensuing  regular  meeting  of 
the  board  of  trustees  of  the  township  or  townships  in  which 
such  city,  incorporated  town,  township  or  district  is  situ¬ 
ated,  said  trustees  shall  proceed  to  redistrict  the  township  or 
townships  as  aforesaid,  in  such  manner  as  shall  suit  the 
wishes  and  convenience  of  a  majority  of  the  inhabitants  in 
their  respective  townships,  and  to  make  division  of  funds 
and  other  property  in  the  manner  provided  by  section  thirtv- 
three  of  this  act;  and  at  the  next  ensuing  election  of  director, 
directors  or  board  of  education,  as  the  case  may  be,  shall  be 
elected  in  each  of  the  new  districts  so  formed,  as  provided 
in  section  forty-two  of  this  act. 

Cities  of  100,000.  In  cities  having  a  population  exceeding  one  hundred 
thousand  inhabitants,  the  board  of  education  shall  have 
charge  and  control  of  the  public  schools  in  such  cities, 

and  shall  have  power  with  the  concurrence  of  the  citv 
council — 

First~To  erect  or  purchase  buildings  suitable  for  school 
houses,  and  keep  the  same  in  repair. 

Second  To  buy  or  lease  sites  for  school  houses,  with  the 
necessary  grounds. 

^Third  To  issue  bonds  for  the  purpose  of  building,  fur¬ 
nishing  and  repairing  school  houses,  for  purchasing  sites 
for  the  same,  and  to  provide  for  the  payment  of  said  bonds ; 

to  borrow  money  for  school  purposes  upon  the  credit  of  the 
city. 

Powers  of  the  The  board  of  education  shall  have  power — 

hoard.  tp-  ±  rT^  ^  i  ^ 

rirst  lo  furnish  schools  with  the  necessary  fixtures,  fur¬ 
niture  and  apparatus. 

Second— To  maintain,  support  and  establish  schools,  and 
supply  the  inadequacy  of  the  school  funds,  for  the  salaries 
of  school  teachers,  from  school  taxes. 

Third  To  hire  buildings  or  rooms  for  the  use  of  the 
board. 

Fourth— To  hire  buildings  or  rooms  for  the  use  of  schools. 
Fifth  To  employ  teachers  and  fix  the  amount  of  their 
compensation. 

Sixth— iio  prescribe  the  school  books  to  be  used,  and  the 
studies  in  the  different  schools. 

Seventh— To  lay  off  and  divide  the  city  into  school  dis¬ 
tricts,  and  from,  time  to  time  to  alter  the  same  and  create 
new  ones,  as  circumstances  may  require,  and  generally  to 
have  and  possess  all  the  rights,  powers  and  authority 


45 


required  for  the  proper  management  of  schools,  with  power 
to  enact  such  ordinances  as  may  be  necessary  or  (^emed 
expedient  for  such  purpose.  Schools  in  such  cities  shall  be 
governed  as  hereinafter  stated,  and  no  power  givrn  to  the 
board  shall  be  exercised  by  the  city  council.  The  board  of 
education  shall  have  the  entire  superintendence  and  con¬ 
trol  of  the  schools,  and  it  shall  be  their  duty  to  examine  all 
persons  offering  themselves  as  candidates  for  teachers,  and 
when  found  w^ell  qualified,  to  give  them  certificates  thereof 
gratuitously  j  to  visit  all  the  public  schools  as  often  as  once 
a  month  ;  to  inquire  into  the  progress  of  scholars,  and  the 
government  of  the  schools  j  to  prescribe  the  method  and 
course  of  discipline  and  instruction  in  the  respective  schools, 
and  to  see  that  they  are  maintained  and  pursued  in  the 
proper  manner  ;  to  prescribe  what  studies  shall  be  taught, 
what  books  and  apparatus  shall  be  used.  They  shall  have 
power  to  expel  any  pupil  who  may  be  guilty  of  gross  diso¬ 
bedience  or  misconduct,  and  to  dismiss  and  remove  any 
teacher,  whenever  in  their  opinion  he  or  she  is  not  quali¬ 
fied  to  teach,  or  whenever  frorn^  any  cause  the  interests  of 
the  schools  may,  in  their  opinion,  require  such  removal  or 
dismission.  They  shall  have  power  to  apportion  the  schol¬ 
ars  to  the  several  schools.  It  shall  be  their  duty  to  estab¬ 
lish  all  such  by-laws,  rules  and  regulations  for  the  govern¬ 
ment  and  for  the  establishment  and  maintenance  of  a 
proper  and  uniform  system  of  discipline  in  the  several 
schools  as  may,  in  their  opinion,  be  necessary.  They  shall 
determine,  from  time  to  time,  how  many  and  what  class  of 
teachers  may  be  employed  in  each  of  the  public  schools, 
and  employ  such  teachers  and  fix  their  compensation.  It 
shall  be  the  duty  of  the  said  board  to  take  charge  of  the 
school  houses,  furniture,  ground  and  other  property  belong¬ 
ing  to  the  school  districts,  and  see  that  the  same  are  kept 
in  good  condition,  and  not  suffered  to  be  unnecessarily  in¬ 
jured  or  deteriorated,  and  also  to  provide  fuel^  and  such 
other  necessaries  for  the  schools  as  in  their  opinion  may  be 
required  in  the  school  houses  or  other  property  belonging 
to  said  districts.  The  said  board  shall  appoint  a  president 
and  secretary,  the  president  to  be  appointed  from  their  own 
number,  and.  shall  appoint  such  other  officers  and  employes 
as  such  board  shall  deem  necessary,  and  shall  prescribe 
their  duties  and  compensation  and  terms  of  office  ;  and  the 
said  board  shall  provide  well  bound  books,  at  the  expense 
of  the  school  tax  fund,  in  which  shall  be  kept  a  faithful 
record  of  all  their  proceedings.  The  yeas  and  nays  shall  Yeas  and  nays 
be  taken,  and  entered  on  the  records  of^  the  proceed¬ 
ings  of  the  board,  upon  all  questions  involving  the  expen¬ 
diture  of  money.  None  of  the  powers  herein  conferred 
upon  the  board  of  education  shall  be  exercised  by  them  ex¬ 
cept  at  a  regular  meeting  of  the  board.  It  shall  be  the  duty 
of  the  board  to  report  to  the  city  council,  from  time  to  time, 
any  suggestions  that  they  deem  expedient  or  requisite  in  re¬ 
lation  to  the  schools  and  the  school  fund,  or  the  manage¬ 
ment  thereof,  and  generally  to  recommend  the  establishment 


46 


of  such  schools  and  districts.  The  board  of  education  shall 
prepare  and  publish  an  annual  report,  which  shall  include 
the  receipts  land  expenditures  of  each  school,  specifying  the 
source  of  such  receipts,  and  the  object  of  such  expenditures. 
They  shall  also  communicate  to  the  city  council,  from  time 
to  time,  such  information  within  their  possession  as  may  be 
required.  They  shall  have  power  to  lease  school  property 
and  to  loan  moneys  belonging  to  the  school  fund  ;  but  all 
conveyances  of  real  estate  shall  be  made  to  the  city  in  trust 
for  the  use  of  schools,  and  no  sale  of  real  estate  or  interest 
therein  used  for  school  purposes  or  held  in  trust  for  schools, 
shall  be  made  except  by  the  city  council,  upon  the  written 
request  of  such  board  of  education.  All  moneys  raised  by 
to^oidfundi^^  taxation  for  school  purposes,  or  received  from  the  state  com¬ 
mon  school  fund,  or  from  any  other  source  for  school  pur¬ 
poses,  shall  be  held  by  the  city  treasurer  as  a  special  fund 
for  school  purposes,  subject  to  the  order  of  the  board  of 
education,  upon  warrants  to  be  countersigned  by  the  mayor 
and  citv  clerk  ;  but  said  board  of  education  shall  not  add 
to  the  expenditures  for  school  purposes  anything  over  and 
above  the  amount  that  shall  be  received  from  the  state 
common  school  fund,  the  rental  of  school  lands,  and  the 
amount  annually  appropriated  for  such  purposes.  If  ^aid 
City  not  uabie  board  shall  so  add  to  such  expenditure,  the  city  shall 
forexcessof  ex- in  any  case,  be  liable  therefor.  From  and  after  the 
pen  1  ures.  this  act  shall  take  effect,  the  board  of  education 

Appointment,  in  such  cities  shall  consist  of  fifteen  members,  to  be  ap¬ 
pointed  by  the  mayor  by  and  with  the  advice  and  con¬ 
sent  of  the  common  council,  five  of  whom  shall  be  ap¬ 
pointed  for  the  term  of  one  year,  five  for  the  term  of 
two  years,  and  five  for  the  term  of  three  years ;  and 
at  the  expiration  of  the  term  of  any  members  of  said 
board,  their  successors  shall  be  appointed  in  like  manner. 
Any  vacancy  which  may  occur  shall  be  filled  by  the  ap¬ 
pointment  of  the  mayor,  with  the  approval  of  the  common 
council,  for  the  unexpired  term.  Any  person  having  resi¬ 
ded  in  such  city  more  than  five  years  next  preceding  his 
appointment,  shall  be  eligible  to  said  office.  Nothing 
herein  shall  be  so  construed  as  to  authorize  any  board  of 
education  to  levy  or  collect  taxes,  or  to  require  the  city 
council  to  levy  and  collect  any  tax  upon  the  demand  or 
under  the  direction  of  such  board  of  education. 

COMMON  SCHOOL  LANDS. 

Section  sixteen.  §  81.  Section  number  sixteen  in  every  township  granted 
to  the  state  by  the  United  States  for  the  use  of  schools,  and 
such  sections  and  part  of  sections  as  have  been  or  may  be 
granted,  as  aforesaid,  in  lieu  of  all  or  part  of  section  num¬ 
ber  sixteen,  and  also  the  lands  which  have  been  or  may  be 
selected  and  granted  as  aforesaid,  for  the  use  of  schools,  to 
the  inhabitants  of  fractional  townships  in  which  there  is 
no  section  number  sixteen,  or  where  such  section  shall  not 
contain  the  proper  proportion  for  the  use  of  schools  in  such 


Eeport. 


Conveyances. 


47 


fractional  townships  shall  be  held  as  common  school  lands  ; 
and  the  provisions  of  this  act  referring  to  common  school 
lands,  shall  be  deemed  to  apply  to  the  lands  aforesaid. 

§  82.  All  the  business  of  such  townships,  so  far  as  re¬ 
lates  to  common  school  lands,  shall  be  transacted  in  that 
county  which  contains  all  or  a  greater  portion  of  said  lands. 

If  any  person  shall,  without  being  duly  authorized,  cut, 
fell,  box,  bore,  destroy  or  carry  away  any  tree,  sapling  or 
log,  standing  or  being  upon  any  school  lands,  such  person 
shall  forfeit  and  pay  for  every  tree,  sapling  or  log  so  felled, 
boxed,  bored,  destroyed  or  carried  away,  the  sum  of  eight 
dollars ;  which  penalty  shall  be  recovered,  with  costs  of 
suit,  by  an  action  of  debt  or  assumpsit,  before  any  justice 
of  the  peace  having  jurisdiction  of  the  amount  claimed,  or 
in  the  county  or  circuit  court,  either  in  the  corporate  name 
of  the  board  of  trustees  of  the  township  to  which  the  land 
belongs,  or  by  action  of  qui  tarn,  in  the  name  of  any  person 
who  will  first  sue  for  the  same — one-half  for  the  use  of  the  Peuaity. 
person  suing,  the  other  half  to  the  use  of  the  township 
aforesaid.  When  two  or  more  persons  shall  be  concerned 
in  the  same  trespass,  they  shall  be  jointly  and  severally 
liable  for  the  penalty  herein  imposed.  Every  trespasser 
upon  common  school  lands  shall  be  liable  to  indictment, 
and,  upon  conviction,  fined  in  three  times  the  amount  of 
the  injury  occasioned  by  said  trespass,  and  shall  stand  com¬ 
mitted  as  in  other  cases  of  misdemeanor.  All  penalties 
and  fines  collected  under  the  provisions  of  this  section  shall 
be  paid  to  the  township  treasurer,  and  be  added  to  the  prin¬ 
cipal  of  the  township  fund.  And  all  other  fines,  penalties  Fines  and  for- 
and  forfeitures  imposed  or  incurred  in  any  of  the  courts  of 
record,  or  before  any  justice  of  the  peace  of  this  state,  ex¬ 
cept  fines,  forfeitures  and  penalties  incurred  or  imposed  in 
incorporated  towns  or  cities,  for  the  violation  of  the  by¬ 
laws  or  ordinances  thereof,  shall,  when  collected,  be  paid  to 
the  school  superintendent  of  the  county  wherein  such  fines, 
forfeitures  and  penalties  have  been  imposed  or  incurred, 
who  shall  give  his  receipt  therefor ;  and  the  same  shall  be 
distributed  by  said  superintendent,  annually,  in  the  same 
manner  as  the  common  school  funds  of  the  state  are  dis¬ 
tributed;  and  it  shall  be  the  duty  of  the  state’s  attorneys  Duty  of  state's 
of  the  several  judicial  circuits,  to  enforce  the  collection  of 
^ir  fines,  forfeitures  and  penalties  imposed  or  incurred  in  the 
courts  of  record  in  their  several  circuits,  and  to  pay  the 
same  over  to  the  school  superintendents  of  the  counties 
wherein  the  same  have  been  imposed  or  incurred,  retaining 
therefrom  the  fees  and  commissions  allowed  them  by  law ; 
and  it  shall  be  the  duty  of  the  said  justices  of  the  peace  to 
enforce  the  collection  of  all  fines  imposed  by  them,  by  any 
lawful  means ;  and  when  collected,  the  same  shall  be  paid 
by  the  officer  charged  with  the  collection  thereof  to  the 
school  superintendent  of  the  county  in  which  the  same 
was  imposed.  Clerks  of  said  courts  of  record,  state’s  attor-  Keport. 
neys  and  justices  of  the  peace,  shall  report,  under  oath,  to 
the  school  •superintendent  of  their  respective  counties,  by 


48 


the  first  of  March,  aniiuall}^,  the  amount  of  such  fines,  pen¬ 
alties  and  forfeitures  imposed  or  incurred  in  their  respec¬ 
tive  courts,  and  the  amount  of  such  fines,  forfeitures  and 
penalties  collected  by  them,  giving  each  item  separately, 
and  the  officer  charged  with  the  collection  thereof ;  and 
said  clerks,  state’s  attorneys  and  justices  of  the  peace,  for  a 
failure  to  make  such  report,  shall  be  liable  to  a  fine  of 
twenty-five  dollars  for  each  offense,  to  be  recovered  in  a 
civil  action,  at  the  suit  cf  the  school  superintendent  of  the 
Fftihire  to  pay.  pj-Qpgj.  county.  For  a  failure  to  pay  any  such  fines,  forfeit¬ 
ures  or  penalties,  on  demand,  to  the  person  who  is  by  law 
authorized  to  receive  the  same,  the  officer  having  collected 
the  same,  or  having  the  same  in  his  possession,  shall  forfeit 
and  pay  double  the  amount  of  such  fine,  penalty  or  forfeit¬ 
ure,  as  aforesaid,  to  be  recovered  before  any  court  having 
jurisdiction  thereof,  in  a  qui  tarn  action — one-half  to  be  paid 
to  the  informer  and  one-half  to  the  school  fund  of  the  proper 
count}’. 


SALE  OF  COMMON  SCHOOL  LANDS. 


Pet) ticnior sale  §  83.  When  the  inhabitants  of  any  township,  or  frac¬ 
tional  township,  shall  desire  the  sale  of  the  common  school 
lands  of  the  township,  or  fractional  township,  they  shall 
present  a  petition  to  the  county  superintendent  of  the 
county  in  which  the  school  lands  of  the  township,  or  the 
greater  part  thereof,  lie,  for  the  sale  thereof  ;  which  petition 
shall  be  signed  by  at  least  two-thirds  of  the  legal  voters  of 
the  township,  or  fractional  township,  of  and  over  twenty-one 
years  of  age.  The  signing  of  the  petition  must  be  in  the 
presence  of  two  citizens  of  the  township,  after  the  true 
meaning  thereof  shall  have  been  explained  ;  and  when 
signed,  an  affidavit  shall  be  affixed  thereto  by  the  two  citi¬ 
zens  proving  the  signing,  in  the  manner  aforesaid,  and 
stating  the  number  of  inhabitants  in  the  township,  or  frac¬ 
tional  township,  of  and  over  twenty-one  years  of  age  ;  and 
said  petition,  so  proved,  shall  be  delivered  to  the  county 
superintendent  for  his  action  thereon :  Provided,  that  no¬ 
whole  section  shall  be  sold  in  any  towmship  containing  less' 
than  two  hundred  inhabitants;  and  common  school  lands 
in  fractional  townships  may  be  sold  when  the  number  of 
inhabitants  and  number  of  acres  are  in  the  ratio  of  two  hun¬ 
dred  to  six  hundred  and  forty,  but  not  before. 

§  84.  Any  fractional  township  not  having  the  requisite 
number  of  inhabitants  to  petition  for  the  sale  of  the  school 
lands  therein,  as  provided  in  section  eighty-three,  which  has 
not  heretofore  been  united  with  any  other  townshij?  for 
school  purposes,  and  which  does  not  contain  a  sufficient 
number  of  inhabitants  to  maintain  a  free  school,  is  hereby 
attached  to  the  adjacent  congressional  township  having  the 
longest  territorial  line  bordering  on  such  fractional  town- 
,  ship,  for  school  purposes ;  and  all  the  provisions  of  this  act 
N  shall  apply  to  such  united  townships  the  same  as  though, 
they  were  one  and  the  same  township.  % 


Fiactional 

townships. 


49 


§  85.  When  the  petition  and  affidavits  are  delivered  to  ^ 

the  county  superintendent  as  aforesaid,  he  shall  notify  the  to  lots, 
trustees  of  said  township  thereof,  and  said  trustees  shall 
immediately  proceed  to  divide  the  land  into  tracts  or  lots, 
of  such  form  and  quantity  as  will  produce  the  largest 
amount  of  money.  After  making  such  division,  a  correct  piat. 
plat  of  the  same  shall  be  made,  representing  all  divisions, 
with  each  lot  numbered  and  defined,  so  that  its  boundaries 
may  be  forever  ascertained.  Said  trustees  shall  then  fix  a  Valuation, 
value  on  each  lot,  having  regard  to  the  terms  of  sale,  certify 
to  the  correctness  of  the  plat,  stating  the  value  of  each  lot 
per  acre,  or  per  lot,  if  less  than  one  acre,  and  referring  to 
and  describing  the  lot  in  the  certificate,  so  as  fully  and 
clearly  to  distinguish  and  identify  each  lot ;  which  plats 
and  certificate  shall  be  delivered  to  the  county  superin¬ 
tendent,  and  shall  govern  him  in  advertising  and  selling 
said  lands. 


and 


§  86.  In  subdividing  common  school  lands  for  sale,  no  Si^e  of  lot. 
lot, shall  contain  more  than  eighty  acres,  and  the  division 
may  be  made  into  town  or  village  lots,  with  roads,  streets 
or  alleys  between  them  and  through  the  same ;  and  all  such  streets, 
divisions,  with  all  similar  divisions  hereafter  made,  are 
hereby  declared  legal,  and  all  such  roads,  streets  and  alleys 
public. highways. 

•  §  87.  The  terms  of  selling  common  school  lands  shall  Bid  borrowed 

be  to  the  highest  bidder,  for  cash,  with  the  privilege  to  each 
purchaser  of  borrowing  from  the  county  superintendent 
the  amount  of  his  bid,  for  any  period  not  less  than  one  nor 
more  than  five  years,  upon  his  paying  interest  and  giving 
security,  as  in  case  of  money  loaned  by  township  treasurer, 
as  provided  in  this  act. 

§  88.  The  place  of  selling  common  school  lands  shall  be  piace  of  sale, 
at  the  court  house  of  the  county  in  which*  the  lands  are 
situated ;  or  the  trustees  of  schools  may  direct  the  sale  to 
be  made  on  the  premises ;  and  upon  the  reception  by  the 
county  superintendent  of  the  plat  and  certificate  of  valua¬ 
tion  from  the  trustees,  he  shall  proceed  to  advertise  the 
said  land  for  sale  in  lots,  as  divided  and  laid  off  by  said 
trustees  by  posting  notices  thereof  in  at  least  six  public 
places  in  the  county,  forty  days  next  anterior  to  the  day  of 
sale,  describing  the  land  and  stating  the  time,  terms  and 
place  of  sale;  and  if  any  newspaper  is  published  in  said 
county,  said  advertisement  shall  be  printed  therein,  for  four 
weeks  before  the  day  of  sale ;  if  none,  then  it  shall  be  sold 
under  the  notice  aforesaid. 


§  89.  Upon  the  day  appointed,  the  county  superintend-  Manner  of  sale, 
ent  shall  proceed  to  make  sales  as  follows,  viz :  He  shall 
begin  at  the  lowest  number  of  lots,  and  proceed  regularly 
to  the  highest,  till  all  are  sold  or  offered.  No  lot  shall  be 
sold  for  less  than  its  valuation  by  the  trustees.  Sale  shall 
be  made  between  the  hours  of  ten  o’clock  A.  M.,  and  six  • 


—4 


50 


o’clock  P.  M.,  and  May  continue  from  day  to  day.  The  lots 
shall  be  cried  separately,  and  each  lot  cried  long  enough  to 
enable  any  one  present  to  bid  who  desires  it. 

Payment.  §  90.  Upon  closing  the  sales  each  day,  the  purchasers 

shall  each  pay  or  secure  the  payment  of  the  purchase 
money,  according  to  the  terms  of  sale ;  or  in  case  of  his 
failure  to  do  so  by  ten  o’clock  the  succeeding  day,  the  lot 
purchased  shall  be  again  offered  at  public  sale,  on  the  same 
terms  as  before,  and  if  the  valuation  or  more  shall  be  bid, 

May  be  re-sold,  sti  all  be  stricken  off;  but  if  the  valuation  be  not  bid,  the 
lot  shall  be  set  down  as  not  sold.  If  the  sale  is  or  is  not 
made,  the  former  purchaser  shall  be  required  to  pay  the 
difference  between  his  bid  and  the  valuation  of  the  lot  ; 
and  in  case  of  his  failing  to  make  such  payment,  the  county 
superintendent  may  forthwith  institute  an  action  of  debt 
or  assumpsit,  in  his  name,  as  superintendent,  for  the  use  of 
the  inhabitants  of  the  township  where  the  land  lies,  for 
the  required  sum ;  and  upon  making  proof,  shall  be  en¬ 
titled  to  judgment,  with  costs  of  suit;  which,  when  col¬ 
lected,  shall  be  added  to  the  principal  of  the  township  fund. 
And  if  the  amount  claimed  does  not  exceed  one  hundred 
dollars,  the  suit  may  be  instituted  before  a  justice  of  the 
peace;  but  if  more  than  that  sum,  then  in  the  circuit 
court  of  any  county  wherein  the  party  may  be  found. 

Lands  may  be  §  91.  All  lands  [not]  sold  at  public  sale,  as  herein  pro-* 

re-sold.  vided  for,  shall  be  subject  to  sale  at  any  time  thereafter,  at 
the  valuation  ;  and  county  superintendents  are  authorized 
and  required,  when  in  their  power,  to  sell  all  such  lands  at 
private  sale,  upon  the  terms  at  which  they  are  offered  at 
public  sale. 


Unsold  lands  §  92.  In  all  cases  where  common  school  lands  have 
tobere-vaiued.  heretofore  valued,  and  have  remained  unsold  for  two 
years,  after  having  been  offered  for  sale,  or  shall  hereafter 
remain  unsold  for  that  length  of  time,  after  being  valued 
and  offered  for  sale  in  conformity  to  this  act,  the  trustees 
of  schools  where  such  lands  are  situated  may  vacate  the 
valuation  thereof ;  by  an  order  to  be  entered  in  book  A,  of 
the  county  superintendent,  and  cause  a  new  valuation  to  be 
made,  if,  in  their  opinion,  the  interest  of  the  township  will 
be  promoted  thereby.  They  shall  make  said  second  valu¬ 
ation  in  the  same  manner  as  the  first  was  made,  and  shall 
deliver  to  the  county  superintendent  a  plat  of  such  second 
valuation,  wfith  the  order  of  vacation  to  be  entered  as  afore¬ 
said  ;  w^hereupon  said  county  superintendent  shall  proceed 
in  selling  said  lands  in  all  respects  as  if  no  former  valuation 
'So  petition  bad  been  made :  Providtdy  that  the  second  valuation  may 
be  made  by  the  trustees  of  schools,  without  petition,  as  pro¬ 
vided  in  this  act. 

of  §  93.  Upon  the  completion  of  every  sale  by  the  pur¬ 
chaser,  the  county  superintendent  shall  enter  the  same  on 
book  B,  and  shall  deliver  to  the  purchaser  a  certificate  of 
purchase,  stating  therein  the  name  and  residence  of  the 
purchaser,  describing  the  land  and  the  price  paid  therefor ; 


required. 


Certificate 

purchase. 


51 


which  certificate  shall  be  evidence  of  the  facts  therein 
stated. 

§  94.  At  the  first  regular  term  of  the  county  board,  in  statement  of 
each  year,  the  county  superintendent  shall  present  to  the®^®®’ 
county  board  of  his  county  : 

First — A  statement  showing  the  sales  of  school  lands 
made  subsequent  to  the  first  regular  term  of  the  previous 
year,  which  shall  be  a  true  copy  of  the  sale  book  (book  B). 

Second — Statements  of  the  amount  of  money  received, 

paid,  loaned  out  and  in  hand,  belonging  to  each  township 
or  fund  under  his  control — the  statement  of  each  fund  to  bo 
separate. 

Third — Statements  copied  from  his  loan  book  (book  C), 
showing  all  the  facts  in  regard  to  loans  which  are  required 
to  be  stated  on  the  loan  book. 

All  of  which  the  county  board  shall  thereupon  examine  Duties  of  th© 
and  compare  with  the  vouchers.  And  the  said  county  board, 
board,  or  so  many  of  them  as  may  be  present  at  the  term  of 
the  court,  shall  be  liable,  individually,  to  the  fund  injured, 
and  to  the  securities  of  said  county  superintendent,  in  case 
judgment  be  recovered  of  said  securities,  for  all  damages 
occasioned  by  a  neglect  of  the  duties,  or  any  of  them,  re¬ 
quired  of  them  by  this  section:  Provided^  nothing  herein  securities  not 
contained  shall  be  construed  to  exempt  the  securities  of  said  exempt, 
county  superintendent  from  any  liability  as  such  securities, 
but  they  shall  still  be  liable  to  the  fund  injured,  the  same 
as  if  the  county  superintendents  were  not  liable. 

§  95.  The  county  superintendents  shall,  also,  at  the  time  Transcript  sent 
aforesaid,  transmit  to  the  auditor  of  public  accounts  a  f^lpo  auditor, 
and  exact  transcript,  from  book  B,  of  all  the  sales  made 
subsequent  to  each  report.  The  statement  required  to  be 
presented  to  the  county  board  shall  be  preserved  and  copied 
by  the  clerk  of  said  court  into  a  well-bound  book  kept  for 
that  purpose;  and  the  list  transmitted  to  the  auditor  shall 
be  filed,  copied  and  preserved  in  like  manner. 

§  96.  Every  purchaser  of  common  school  land  shall  be  Patents, 
entitled  to  a  patent  from  the  state,  conveying  and  assuring 
the  title.  Patents  shall  be  made  out  by  the  auditor,  from 
returns  made  to  him  by  the  county  superintendent.  They 
shall  contain  a  description  of  the  land  granted,  and  shall  be 
in  the  name  of  and  signed  by  the  governor,  countersigned 
by  the  auditor,  with  the  great  seal  of  the  state  affixed  there¬ 
to  by  the  secretary  of  state,  and  shall  operate  to  vest  in  the 
purchaser  a  perfect  title  in  fee  simple.  When  patents  are 
executed  as  herein  required,  the  auditor  shall  note  on  the 
list  of  sales  the  date  of  each  patent,  in  such  manner  as  to 
perpetuate  the  evidence  of  its  date  and  delivery,  and  there¬ 
upon  transmit  the  same  to  the  county  superintendent  of  the 
proper  county,  to  be  by  him  delivered  to  the  patentee,  his  Certificate  to  be 
heirs  or  assigns,  upon  the  return  of  the  original  certificate 
of  purchase ;  which  certificate,  when  returned,  shall  be  filed 
and  preserved  by  the  county  superintendent ;  and  all  such 


52 


patents,  heretofore  or  hereafter  so  issued  by  the  state  for 
school  lands,  or  duly  certified  copies  thereof  from  any  record 
legally  made,  shall,  after  the  lapse  of  ten  years  from  the 
of  date  of  such  patent,  and  such  sale  having  been  acquiesced 
in  for  ten  years  by  the  inhabitants  of  the  township  in  which 
the  land  so  conveyed  may  be  situated,  be  conclusive  evi¬ 
dence  as  to  the  legality  of  the  sale,  and  that  the  title  to  such 
land  was,  at  the  date  of  the  patent,  legally  vested  in  the 
patentee. 

Duplicates  of  8  97.  Purchasers  of  common  school  lands,  and  their 
patents.  neirs  and  assigns,  may  obtain  duplicate  copies  of  their  cer- 
tificates  of  purchase  and  of  patents,  upon  filing  affidavit 
with  the  county  superintendent  in  respect  to  certificates, 
and  with  the  auditor  in  respect  to  patents,  proving  the  loss 
or  destruction  of  the  originals ;  and  such  copies  shall  have 
all  the  force  and  effect  of  the  originals. 

Acts  repealed.  §  98.  “An  act  to  establish  and  maintain  a  system  of  free 
schools,”  approved  February  16,  1857 ;  “An  act  to  estab¬ 
lish  and  maintain  a  system  of  free  schools,”  approved  Feb¬ 
ruary  22,  1861 ;  “An  act  to  establish  and  maintain  a  system 
of  free  schools  in  the  state  of  Illinois,”  approved  February 
16,  1865;  “An  act  to  amend  an  act  entitled  ‘an  act  to  estab¬ 
lish  and  maintain  a  system  of  free  schools  in  the  state  of 
Illinois,’  approved  February  16,  1765,”  approved  February 
28,  1867 ;  “An  act  to  amend  the  school  law,”  approved 
March  30,  1869 ;  “An  act  relating  to  assessments  and  taxa¬ 
tion  in  school  districts,”  approved  March  29,  1869 ;  “An 
act  concerning  reports  of  school  officers  and  of  incorporated 
institutions  of  learning,”  approved  March  29,  1869  ;  and  all 
other  acts  and  parts  of  acts  inconsistent  with  this  act,  and 
all  general  school  laws  of  this  state,  are  hereby  repealed. 

Approved  April  1,  1872. 


APPENDIX. 


\ 


APPENDIX. 


LEGALIZING  SCHOOL  DISTRICTS, 
g  1.  Legalizing  School  District 

An  Act  to  legalize  school  districts  organized  under  tJw  SSrd 
section  of  ‘^An  act  to  establish  and  maintain  a  system  of  free 
schools,^’  approved  April  1872.  Approved  May  25,  1877. 
In  force  July  1,  1877. 

Section  1.  [Legalizing  School  District.]  Be  it  en¬ 
acted  by  the  People  of  the  the  State  of  Plinois^  represented  in  the 
General  Assembly^  That  all  School  Districts  which  have 
been  organized  as  such,  under  the  provisions  of  section 
33,  of  “An  act  to  establish  and  maintain  a  system 
of  free  schools  for  the  State  of  Illinois,”  approved  April  1st, 
1872,  are  hereby  legalized,  and  such  school  districts  shall 
be  held  and  considered  legally  organized  school  districts 
for  all  purposes  originally  contemplated. 

Approved  May  25,  1877. 


RENTING  AND  SALE  OF  SCHOOL  LANDS, 
g  1.  The  renting  and  sale  of  School  Lands. 

An  Act  regulating  the  renting  and  sale  of  school  lands.  Ap¬ 
proved  May  25,  1877.  In  force  July  1,  1877. 

Section  1.  [Renting  and  Sale  of  School  Lands.]  Be 
it  enacted  by  the  People  of  the  State  of  Illinois.,  represented  in 
the  General  Assembly,  That  it  shall  be  lawful  for  the  trustees 
of  schools  in  townships  in  which  section  number  sixteen 
or  any  other  lands  in  -  lieu  thereof  remain  unsold,  or 
which  has  title  to  any  other  school  lands  whatsoever,  may 
rent  or  lease  the  same  for  an  annual  rent,  to  be  paid  in 
money  to  the  treasurer,  by  a  written  contract  made  by  the 
President  and  Secretary,  under  the  direction  of  the  board, 
with  the  lessee  or  lessees,  which  contract  shall  be  filed  with 
the  records  of  the  board ;  and  a  copy  of  the  same  trans¬ 
mitted  to  the  county  Superintendent,  and  in  case  of  any 
default  in  payment  of  rent,  the  said  board  of  trustees 


IV 


shall  at  once  proceed  to  collect  the  same  by  distress  or  oth¬ 
erwise  as  may  be  provided  by  law  for  the  collection  of  rents 
by  landlords.  No  lease  taken  under  the  provisions  of  this 
act,  shall  be  for  a  longer  term  than  two  years,  except 
where  said  lands  are  leased  for  the  purpose  of  having 
permanent  improvements  made  thereon  as  may  be  the 
case  in  cities  and  villages  :  Provided,  that  the  provisions  of 
this  act  shall  not  apply  to  cities  having  a  population  of 
over  one  hundred  thousand  inhabitants. 

Approved  May  25,  1877. 


An  Act  to  em^oower  township  trustees  to  sell  and  convey  right  of 
way  and  depot  grounds  for  the  use  of  railroads  crossing  school 
lands. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  iu  the  General  Assembly,  That  the  trustees  of 
schools  of  any  township  concerned  are  hereby  authorized 
and  empowered,  in  their  corporate  capacity,  to  sell  and  con¬ 
vey  to  any  railroad  company  •svhich  may  construct  a  rail¬ 
road  across  any  of  the  public  school  lands  of  such  township, 
the  rignt  of  way  and  necessary  depot  grounds.  All  money 
received  by  such  trustees  for  any  right  of  way  or  depot 
ground  so  sold,  to  be  turned  over  by  such  trustees  to  the 
treasurer  of  the  township,  for  school  purposes. 

Approved  April  17,  1875 ;  in  force  July  1,  1875. 


PAYMENT  OF  SCHOOL  INDEBTEDNESS. 

An  Act  to  amend  an  act  entitled  “An  act  to  enahle  Counties, 
Cities,  Townships,  School  Districts  and  other  Municipal  Corpo¬ 
rations  to  take  up  and  cancel  outstanding  bouds  and  other 
evidences  of  indebtedness,  and  fund  the  same,”  approved  and  in 
force  March  26,  1872. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  section  one  (1)  of  the 
aforesaid  act  be  amended  so  as  to  read  as  follows  : 

May  issue  new  “§  1.  That  in  all  cases  where  any  county,  city,  town, 
bonds.  township,  school  district  or  other  municipal  corporation 

have  issued  bonds  or  other  evidences  of  indebtedness  for 
money,  on  account  of  any  subscription  to  the  capital  stock 
of  any  railroad  company,  or  on  account  of  or  in  aid  of  any 
public  buildings  or  other  public  improvement,  or  for  any 
other  purposes  which  are  now  binding  or  subsisting  legal 
obligations  against  any  county,  city,  town,  township, 
school  district  or  other  municipal  corporations,  and  remain- 


V 


ing  outstanding,  and  which  are  properly  authorized  by 
law,  the  proper  authorities  of  any  such  county,  city,  town, 
township,  school  district  or  other  municipal  corporations 
may,  upon  the  surrender  of  any  such  bonds,  or  other  evi¬ 
dences  of  indebtedness,  or  any  number  thereof,  issue  in 
place  or  in  lieu  thereof  to  the  holders  cr  owners  of  the 
same,  new  bonds  or  other  evidences  of  indebtedness,  in  such 
form,  for  such  amount,  upon  such  time,  not  exceeding  the 
term  of  twenty  years,  and  drawing  such  rate  of  interest, 
not  exceeding  ten  per  cent,  as  may  be  agreed  upon  wdth  such 
holders  or  owners  ;  and  such  new  bonds  or  other  evidences 
of  indebtedness  so  issued  shall  show  on  their  face  that  they 
are  issued  under  this  act :  Provided,  that  the  issue  of  such  Bonds  to  be 
new  bonds  in  lieu  of  such  indebtedness  shall  first  be^^ 
authorized  by  a  vote  of  a  majority  of  the  legal  voters  of 
such  county,  city,  town,  township,  school  district  or  other 
municipal  corporation,  voting  either  at  some  annual  or  spe¬ 
cial  election  of  such  municipal  corporation  :  And  provided, 
further,  that  such  bonds,  or  othr-r  evidences  of  indebtedness, 
shall  not  be  issued  so  as  to  increase  the  aggregate  indebt¬ 
edness  of  such  municipal  corporation  beyond  five  per 
centum  on  the  value  of  the  taxable  property  therein — to 
be  ascertained  by  the  last  assessment  for  state  and  county 
taxes,  prior  to  the  issuing  of  such  bonds  or  other  evidences 
of  indebtedness.  Nothing  contained  in  this  act,  or  in  the 
act  to  which  this  is  an  amendment,  shah  be  held  to  repeal 
or  in  any  wise  affect  the  power  of  the  city  of  Chicago  to 
issue  new  bonds  to  an  amount  sufficient  to  retire  and  satis¬ 
fy  maturing  bonds  of  said  city,  conferred  by  section  38  of 
an  act  of  the  general  assembly,  approved  February  13, 1863, 
amending  the  charter  of  said  city.” 

Approved  April  14,  1875  ;  in  force  July  1,  1875. 


RIGHTS  OF  COLORED  CHILDREN. 

An  Act  to  protect  colored  children  in  their  rights  to  attend  Public 

Schools. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi¬ 
nois,  represented  in  the  General  Aseembly,  That  all  directors  of  Forbidden  to 
schools,  boards  of  education,  or  other  school  officers,  whose 
duty  it  now  is,  or  may  be  hereafter,  to  provide,  in  their  re¬ 
spective  jurisdictions,  schools  for  the  education  of  all  child¬ 
ren  between  the  ages  of  six  and  twenty-one  years,  are  pro¬ 
hibited  from  excluding,  directly  or  indirectly,  any  such 
child  from  such  school  on  account  of  the  color  of  such 
child. 

§  2.  Any  such  school  officer  or  officers  as  are  mentioned 
in  the  foregoing  section,  or  any  other  person,  who  shall  ex- 
elude,  or  aid  in  the  exclusion  from  the  public  schools  any 


VI 


child  who  is  entitled  to  the  benefits  of  such  school,  on  ac¬ 
count  of  such  child’s  color,  shall  be  fined,  upon  conviction, 
in  any  sum  not  less  than  five  nor  more  than  one  hundred 
dollars  each,  for  every  such  offense. 

Menance  and  §  3.  Any  person  who  shall,  by  threats,  menace  or  in- 
intimidation.  timidation,  prevent  any  colored  child  entitled  to  attend  a 
public  school  in  this  State  from  attending  such  school, 
shall,  upon  conviction,  be  fined  in  any  sum  not  exceeding 
twenty-five  dollars. 

Approved  March  24,  1874. 


WOMEN  AS  SCHOOL  OFFICERS. 

An  Act  to  authorize  the  election  of  women  a>s  school  officers. 

sehoS^offic^^  Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Eli' 
nois,  represented  in  the  General  Assend)ly^  That  any  woman, 
married  or  single,  of  the  age  of  twenty-one  years  and  up¬ 
wards,  and  possessing  the  qualifications  prescribed  for  men, 
shall  be  eligible  to  any  ofiice  under  the  general  or  special 
school  laws  of  this  State. 

Togivebond.  §  2.  That  any  woman  elected  or  appointed  to  any  ofiice 
under  the  provisions  of  this  act,  before  she  enters  upon  the 
discharge  of  the  duties  of  the  ofiS.ce,  shall  qualify  and  give 
bond  as  required  by  law,  and  such  bond  shall  be  binding 
upon  her  and  her  securities. 

Approved  April  3,  1873. 


CHARITABLE  INSTITUTIONS. 

An  Act  to  regulate  the  State  Charitable  Institutions  and  the  State 
Reform  School,  and  to  improve  their  organization  and  irwrease 
their  efficiency. 

Section  1.  It  shall  be  the  duty  of  the  superintendent  of 
public  instruction  to  visit  such  of  the  charitable  institu¬ 
tions  of  the  state  as  are  educational  in  their  character,  and 
to  examine  their  facilities  for  instruction ;  and  the  several 
superintendents  of  these  institutions  shall  make  to  him 
reports,  at  such  times,  on  matters  educational  relating  to 
their  institutions,  and  in  such  forms  as  he  may  prescribe. 
Approved  April  15,  1875,  in  force  July  1,  1875. 


state  normal  universities. 

An  Act  for  the  establishment  and  maintenance  of  a  Normal  Uni¬ 
versity. 

In  force  Feb.  SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Rlinois , 
18, 1850.  represented  in  the  General  Assembly,  That  C.  B.  Denio,  of  Jo 
Daviess  county,  Simeon  Wright,  of  Lee  county,  Daniel 


VII 


Wilkins,  of  McLean  county,  C.  E.  Hovey,  of  Peoria  county,  corporators. 
George  P.  Rex,  of  Pike  county,  Samuel  W.  Moulton,  of 
Shelby  county,  John  Gillespie,  of  Jasper  county,  George 
Bunsen,  of  St.  Clair  county,  Wesley  Sloan,  of  Pope  county, 

Ninian  W.  Edwards,  of  Sangamon  county,  John  Eden,  of 
Moultrie  county,  Flavel  Mosely,  of  Cook  county,  William 
H.  Wells,  of  Cook  county,  Albert  R.  Shannon,  of  White 
county,  and  the  superintendent  of  public  instruction,  ex- 
qfficio,  with  their  associates,  who  shall  be  elected  as  herein 
provided,  and  their  successors,  are  hereby  created  a  body 
corporate  and  politic,  to  be  styled  The  Board  of  Educa-  style, 
tion  of  the  State  of  Illinois,”  and  by  that  name  and  style 
shall  have  perpetual  succession,  and  have  power  to  con¬ 
tract  and  be  contracted  with,  to  sue  and  be  sued,  to  plead 
and  be  impleaded,  to  acquire,  hold  and  convey  real  and  powers 
personal  property ;  to  have  and  use  a  common  seal,  and  to 
alter  the  same  at  pleasure ;  to  make  and  establish  by-laws, 
and  alter  or  repeal  the  same  as  they  shall  deem  necessary 
for  the  government  of  the  normal  university  hereby  au¬ 
thorized  to  be  established,  or  any  of  its  departments,  offi¬ 
cers,  students  or  employees,  not  in  conflict  with  the 
constitution  and  laws  of  this  state,  or  of  the  United  States; 
and  to  have  and  exercise  all  powers,  and  be  subject  to  all 
-  duties  usual  and  incident  to  trustees  of  corporations. 

§  2.  The  superintendent  of  public  instruction,  by  virtue 
of  his  office,  shall  be  a  member  and  secretary  of  said  board, 
and  shall  report  to  the  legislature  at  its  regular  sessions  the  supenntend- 
condition  and  expenditures  of  said  normal  university,  and 
communicate  such  further  information  as  the  said  board  of 
education  or  the  legislature  may  direct. 

§  3.  No  member  of  the  board  of  education  shall  receive  Members  not  to 
any  compensation  for  attendance  on  the  meetings  of  the 
board,  except  his  necessary  traveling  expenses,  which  shall 
be  paid  in  the  same  manner  as  the  instructors  employed  in 
the  said  normal  university  shall  be  paid.  At  all  the  stated 
and  other  meetings  of  the  board,  called  by  the  president  or 
secretary,  or  any  five  members  of  the  board,  five  members 
shall  constitute  a  quorum,  provided  all  shall  have  been  duly 
notified. 

§  4.  The  objects  of  the  said  Normal  University  shall  be  object  of  uni- 
to  qualify  teachers  for  the  common  schools  of  this  state,  by 
imparting  instruction  in  the  art  of  teaching,  and  all 
branches  of  study  which  pertain  to  a  common  school  educa¬ 
tion,  in  the  elements  of  the  natural  sciences,  including 
agricultural  chemistry,  animal  and  vegetable  physiology, 
in  the  fundamental  laws  of  the  United  States  and  the  state 
of  Illinois,  in  regard  to  the  rights  and  duties  of  citizens, 
and  such  other  studies  as  the  board  of  education  may,  from 
time  to  time,  prescribe. 

§  5.  The  board  of  education  shall  hold  its  first  meeting  Time  of  meet- 
at  the  office  of  the  superintendent  of  public  instruction, 
the  first  Tuesday  in  May  next,  at  which  meeting  they  shall 
appoint  an  agent,  fixing  his  compensation,  who  shall  visit 


VIII 


Appoint  prin¬ 
cipal  and  lec¬ 
turer. 


Text-books. 


Provide  aux¬ 
iliary. 


Each  county 
entitled  to  gra¬ 
tuitous  instruc¬ 
tion  for  pupils. 


Application  of 
pupils. 


Selected  by  lot. 


Required  to 
file  declaration. 


the  cities,  villages  and  other  places  in  the  state  which  may 
be  deemed  eligible  for  the  purpose,  to  receive  donations  and 
proposals  for  the  establishment  and  maintenance  of  the 
Normal  University.  The  board  shall  have  power,  and  it 
shall  be  their  duty,  to  fix  the  permanent  location  of  said 
Normal  University  at  the  place  where  the  most  favorable 
inducements  are  offered  for  that  purpose  :  Provided,  That 
such  location  shall  not  be  difiicult  of  access,  or  detrimental 
to  the  welfare  and  prosperity  of  said  normal  university. 

§  6.  The  board  of  education  shall  appoint  a  principal, 
lecturer  on  scientific  subjects,  instructors  and  instructresses, 
together  with  such  officers  as  shall  be  required  in  the  said 
normal  university,  fix  their  respective  salaries  and  prescribe 
their  several  duties.  They  shall  also  have  power  to  remove 
any  of  them  for  proper  cause,  after  having  given  ten  daj^s’ 
notice  of  any  charge,  which  may  be  duly  presented,  and 
reasonable  opportunity  for  defense.  They  shall  also  pre¬ 
scribe  the  text  books,  apparatus  and  furniture  to  be  used  in 
the  university,  and  provide  the  same ;  and  shall  make  all 
regulations  necessary  for  its  management.  And  the  board 
shall  have  the  power  to  recognize  auxiliary  institutions 
when  deemed  practicable  :  Provided,  That  such  auxiliary 
institutions  shall  not  receive  an  appropriation  from  the 
treasury,  or  the  seminary  or  university  fund. 

§  7.  Each  county  within  the  state  shall  be  entitled  to 
gratuitous  instruction  for  one  pupil  in  said  normal  univer¬ 
sity;  and  each  representative  district  shall  be  entitled  to 
gratuitous  instruction  for  a  number  of  pupils  equal  to  the 
number  of  representatives  in  said  district,  to  be  chosen  in 
the  following  manner  :  The  county  superintendent  in  each 
county  shall  receive  and  register  the  names  of  all  applicants 
for  admission  in  said  normal  university,  and  shall  present 
the  same  to  the  county  court,  or,  in  counties  acting  under 
township  organization,  to  the  board  of  supervisors,  as  the 
case  may  be  ;  shall,  together  with  the  county  superintend¬ 
ent,  examine  all  applicants  so  presented  in  such  a  manner 
as  the  board  of  education  may  direct,  and  from  the  number 
of  such  as  shall  be  found  to  possess  the  requisite  qualifica¬ 
tions,  such  pupils  shall  be  selected  by  lot ;  and  in  repre¬ 
sentative  districts  composed  of  more  than  one  county,  the 
county  superintendent  and  county  judge,  or  the  county 
superintendent  and  chairman  of  the  board  of  supervisors, 
in  counties  acting  under  township  organization,  as  the  case 
may  be,  of  the  several  counties  composing  such  representa¬ 
tive  district,  shall  meet  at  the  clerk’s  office  of  the  county 
court  of  the  oldest  county,  and  from  the  applicants  so  pre¬ 
sented  to  the  county  court  or  board  of  supervisors  of  the 
several  counties  represented,  and  found  to  possess  the  re¬ 
quisite  qualifications,  shall  select  by  lot  the  number  of 
pupils  to  which  said  district  is  entitled.  The  board  of  edu¬ 
cation  shall  have  the  discretionary  power,  if  any  candidate 
does  not  sign  and  fide  with  the  secretary  of  the  board  a 
declaration  that  he  or  she  will  teach  in  the  public  schools 


0 


IX 


within  the  state,  in  case  that  engagements  can  be  secured 
by  reasonable  efforts,  to  require  such  candidate  to  provide 
for  the  payment  of  such  fees  for  tuition  as  the  board  may 
prescribe. 

§  8.  The  interest  of  the  university  and  seminary  fund  Appropriation, 
or  such  part  thereof  as  may  be  found  necessary,  shall  be 
and  is  hereby  appropriated  for  the  maintenance  of  said 
normal  university,  and  shall  be  paid  on  the  order  of  the 
board  of  education  from  the  treasury  of  the  state ;  but  in 
no  case  shall  any  part  of  the  interest  of  said  fund  be  ap¬ 
plied  for  the  purchase  of  sites,  or  for  buildings  for  said 
university. 

§  9.  The  board  shall  have  power  to  appropriate  the  one 
thousand  dolla.rs  received  from  the  Messrs.  Merriam,  of 
Springfield,  Massachusetts,  by  the  late  superintendent,  to 
the  purchase  of  apparatus  for  the  use  of  the  normal  univer¬ 
sity,  when  established;  and  hereafter,  all  gifts,  grants  and 
demises  which  may  be  made  to  the  said  normal  university 
shall  be  applied  in  accordance  with  the  wishes  of  the  don¬ 
ors  of  the  same. 

§  10.  The  board  of  corporators  herein  named,  and  their  Temi  of  office, 
successors,  shall  each  of  them  hold  their  office  for  the  term 
of  six  years ;  Provided,  that  at  the  first  meeting  of  said 
board,  the  said  corporators  shall  determine,  by  lot,  si  that 
one-third  shall  hold  their  office  for  two  years,  one-third  for 
four  years,  and  one-third  for  six  years.  The  governor,  by 
and  with  the  advice  and  consent  of  the  senate,  shall  fill  all  how  ~ 
vacancies  w^hich  shall  at  any  time  occur  in  said  board,  by 
appointment  of  suitable  persons  to  fill  the  same. 

§  11.  At  the  first  meeting  of  the  board,  and  at  each  Elect  president 
biennial  meeting  thereafter,  it  shall  be  the  duty  of  said 
board  to  elect  one  of  their  number  president,  who  shall 
serve  until  the  next  biennial  meeting  of  the  board,  and 
until  his  successor  is  elected. 

§  12.  At  each  biennial  meeting  it  shall  be  the  duty  of  of'trea^urS^^^ 
the  board  to  appoir  t  a  treasurer,  who  shall  not  be  a  member 
of  the  board,  and  who  shall  give  bond,  with  such  security 
as  the  board  may  direct,  conditioned  for  the  faithful  dis¬ 
charge  of  the  duties  [of]  his  office. 

§  13.  This  act  shall  take  effect  on  and  after  its  passage, 
and  be  published  and  distributed  as  an  appendix  to  the 
school  law. 

Approved  February  18,  1857. 


SOUTHERN  ILLINOIS  NORMAL  UNIVERSITY. 

An  Act  to  establish  and  maintain  the  Southern  Illinois  Normal 

University. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  a  body  politic  and  Namh 
corporate  is  hereby  created  by  the  name  of  the  Southern 


X 


Objects. 


Illinois  Normal  University,  to  have  perpetual  succession, 
with  power  to  contract  and  be  contracted  with,  to  sue  and 
General  powers  ]3e  sued,  to  plead  and  be  impleaded,  to  receive,  by  any  legal 
mode  of  transfer  or  conveyance,  property  of  any  descrip¬ 
tion,  and  to  have,  hold  and  enjoy  the  same,  with  the  rents 
and  profits  thereof,  and  to  sell  and  convey  the  same  ;  also, 
to  make  and  use  a  corporate  seal,  with  power  'to  break  or 
change  the  same,  and  to  adopt  by-laws,  rules  and  regula¬ 
tions  for  the  government  of  its  members,  officers,  agents 
Proviso,  and  employees  :  Provided,  such  by-laws  shall  not  conflict 
with  the  constitution  of  the  United  States  or  of  this  state. 

§  2.  The  objects  of  the  said  Southern  Illinois  Normal 
University  shall  be  to  qualify  teachers  for  the  common 
schools  of  this  state  by  imparting  instruction  in  the  art  of 
teaching  in  all  branches  of  study  which  pertain  to  a  com¬ 
mon  school  education,  in  the  elements  of  the  natural  sci¬ 
ences,  including  agricultural  chemistry,  animal  arid  vege¬ 
table  physiology,  in  the  fundamental  laws  of  the  United 
States,  and  of  the  State  of  Illinois,  in  regard  to  the  rights 
and  duties  of  citizens,  and  such  other  studies  as  the  board 
of  education  may,  from  time  to  time,  prescribe. 

iiftrustees^^^^^  §  powers  of  the  said  corporation  shall  be  vested 

in  and  its  duties  performed  by  a  board  of  trustees,  not  ex¬ 
ceeding  five  in  number,  to  be  appointed  as  hereinafter  pro¬ 
vided. 

Appointment  §  4.  Upon  the  passage  of  this  act  the  governor  shall 
of  trustees.  nominate  and,  by  and  with  the  advice  of  the  senate,  ap¬ 
point  five  citizens  of  the  state  as  trustees  of  said  institution, 
two  of  whom  shall  serve  for  two  years,  and  three  for  four 
years,  and  until  their  successors  are  appointed  and  enter  on 
duty,  and  successors  in  each  class  shall  be  appointed  in  like 
manner  for  four  years  :  Provided,  that  in  case  of  a  vacancy 
by  death  or  otherwise,  the  governor  shall  appoint  a  succes¬ 
sor  for  the  remainder  of  the  term  vacated :  Provided,  that 
not  more  than  two  members  of  said  board  shall  be  resi¬ 
dents  of  any  one  county. 

§  5.  The  said  trustees  shall  hold  their  first  meeting  at 
Centralia,  within  one  month  after  the  passage  of  this  act, 
at  which  meeting  the}^  shall  elect  one  of  their  body  as  pres¬ 
ident,  and  another  as  secretary  ;  and  cause  a  regular  record 
to  be  made  and  kept  of  all  their  proceedings.  The  said 
board  shall  also,  whenever  his  services  shall  be  required, 
appoint  a  treasurer,  not  a  member  of  the  board,  who  shall 
bonds  to  the  People  of  the  State  of  Illinois  in  double 
the  amount  of  the  largest  sum  likely  to  come  into  his  hands, 
the  penalty  to  be  fixed  by  the  board,  conditioned  for  the 
faithful  discharge  of  his  duties  as  treasurer,  with  two  or 
more  securities;  the  treasurer  may  also  be  required  to  exe¬ 
cute  bonds  from  time  to  time  as  the  board  ma}^  dn'cct. 

Duties  oi  treaa-  §  6.  The  treasurer  shall  keep  an  accurate  accOciiit  of  all 
nrer.  moneys  received  and  paid  out;  the  account  for  articles  and 

supplies  of  every  kind  purchased  shall  be  kept  and  reported, 
so  as  to  show  the  kind,  quantity  and  cost  thereof. 


XI 


§  7.  No  member,  officer,  agent  or  employee  of  the  board  Contracts, 
shall  be  a  party  to  or  interested  in  any  contract  for  mate¬ 
rials,  supplies  or  services  other  than  such  as  pertain  to 
their  positions  and  duties. 

§  8.  Accounts  of  this  institution  shall  be  stated  and  set-  Accounts, 
tied  annually  with  the  auditor  of  public  accounts,  or  with 
such  person  or  persons  as  may  be  designated  by  law  for 
that  purpose.  And  the  trustees  shall,  ten  days  previous  to 
each  regular  session  of  the  general  assembly,  submit  to  the 
governor  a  report  of  all  their  actions  and  proceedings  in  the  Reports, 
execution  of  their  trust,  with  a  statement  of  all  accounts 
connected  therewith,  to  be  by  the  governor  laid  before  the 
general  assembly. 

§  9.  The  said  board  shall  meet  quarterly  at  such  places  Meet  quarterly, 
or  place  as  may  be  agreed  on,  and,  until  the  buildings  are 
completed,  as  much  oftener  as  may  be  necessary ;  and  there¬ 
after  the  meetings  shall  be  at  the  university. 

§  10.  The  trustees  shall,  as  soon  as  practicable,  adver- Location, 
tise  for  proposals  from  localities  desiring  to  secure  the  loca¬ 
tion  of  said  normal  university,  and  shall  receive,  for  not 
less  than  three  months  from  the  date  of  their  first  adver¬ 
tisement,  proposals  for  points  situated  as  hereinafter 
mentioned,  to  donate  lands,  buildings,  bonds,  moneys,  or 
other  valuable  consideration,  to  the  state  in  aid  of  the 
foundation  and  support  of  said  university  ;  and  shall,  at  a 
time  previously  fixed  by  advertisement,  open  and  examine 
such  proposals,  and  locate  the  institution  at  such  point  as 
shall,  all  things  considered,  offer  the  most  advantageous 
conditions.  The  land  shall  be  selected  south  of  the  railroad, 
or  within  six  miles  north  of  said  road  passing  from  St.  Louis 
to  Terre  Haute,  known  as  the  Alton  and  Terre  Haute  rail¬ 
road,  with  a  view  of  obtaining  a  good  supply  of  water  and 
other  conveniences  for  the  use  of  the  institution. 

§  11.  Upon  the  selection  and  securing  of  the  land  afore-  Erection  of 
said,  the  trustees  shall  proceed  to  contract  for  the  erection 
of  buildings  in  which  to  furnish  educational  facilities  for 
such  number  ofstudentsas  hereinafter  providedfor,  together 
with  the  out-houses  required  for  use,  also  for  the  improve¬ 
ment  of  the  land  so  as  to  make  it  available  for  the  use  of 
the  institution.  The  buildings  shall  not  be  more  than  two  ion. 

stories  in  height,  and  be  constructed  upon  the  most  approved 
plan  for  use,  shall  front  to  the  east,  and  shall  be  of  sufficient 
capacity  to  accommodate  not  exceeding  three  hundred  stu¬ 
dents,  with  the  officers  and  necessary  attendants.  The 
outside  walls  to  be  of  hewn  stone  or  brick,  partition  wallsof 
brick,  roofs  of  slate,  and  the  whole  buildings  made  fireproof, 
and  so  constructed  as  to  be  warmed  in  the  most  healthy 
and  economic.^,  manner,  v/ith  ample  ventilation  in  all  its 
parts.  The  out-houses  shall  be  so  placed  and  constructed 
as  to  avoid  ail  danger  to  the  main  buildings  from  fire  origi¬ 
nating  in  any  one  of  them.  The  board  shall  appoint  an 
honest,  competent  superintendent  of  the  buildings  and  im¬ 
provements  aforesaid,  whose  duty  it  shall  be  to  be  always 


XII 


Proviso. 


Instructors. 


Text-books. 


present  during  the  progress  of  the  work,  and  see  that  every 
stone,  brick  and  piece  of  timber  used,  is  sound  and  properly 
placed,  and  whose  right  it  shall  be  to  require  contractors  and 
their  employees  to  conform  to  his  directions  in  executing 
their  contracts :  Provided,  however,  that  said  board  of  trus¬ 
tees  may  appoint  any  one  of  their  number  such  superinten¬ 
dent  :  And,  provided  further,  that  the  buildings  aforesaid 
may  be  erected  and  improvements  made  under  the  direction 
of  the  board  and  its  superintendent,  without  letting  the 
same  to  contractors. 

§  12.  The  said  board  of  trustees  shall  appoint  instruc¬ 
tors,  and  instructresses,  together  with  such  other  officers  as 
may  be  required  in  the  said  normal  university,  fix  their 
respective  salaries  and  prescribe  their  several  duties.  They 
shall  also  have  power  to  remove  any  of  them  for  proper 
cause  after  having  given  ten  days’  notice  of  any  charge 
wffiich  may  be  duly  presented,  and  reasonable  opportunity 
of  defense.  They  shall  also  prescribe  the  text-books,  appa¬ 
ratus  and  furniture  to  be  used  in  the  university  and  provide 
the  same,  and  shall  make  all  regulations  necessary  for  its 
management. 

zach  county  8  13.  All  the  counties  shall  be  entitled  to  gratuitous 
pils  gratuitous-  instructions  lor  two  pupils  tor  each  county  in  said  normal 
university,  and  each  representative  district  shall  be  entitled 
to  gratuitous  instruction  for  a  number  of  pupils  equal  to 
Manner enosen.  number  of  representatives  in  said  district,  to  be  chosen 

in  the  follovv^ing  manner^  the  superintendent  of  schools  in 
each  county  shall  receive  and  register  the  names  of  all 
applicants  for  admission  in  said  normal  university,  and 
shall  present  the  same  to  the  county  court,  or,  in  counties 
acting  under  township  organization,  to  the  board  of  super¬ 
visors,  which  said  county  court  or  board  of  supervisors,  as 
the  case  may  be,  shall,  together  with  the  superintendent  of 
schools,  examine  all  applicants  so  presented,  in  such  man¬ 
ner  as  the  board  of  trustees  may  direct ;  and  from  the  num¬ 
ber  of  such  as  shall  be  found  to  possess  the  requisite  quali¬ 
fications  such  pupils  shall  be  selected  by  lot,  and  in  repre¬ 
sentative  districts  composed  of  more  than  one  county,  the 
superintendent  of  schools  and  county  judge,  or  the  superin¬ 
tendent  of  schools  and  chairman  of  the  board  of  supervi¬ 
sors  in  counties  acting  under  township  organization,  as  the 
case  may  be,  of  the  several  counties  composing  such  repre¬ 
sentative  district,  shall  meet  at  the  clerk’s  office  of  the 
county  court  of  the  oldest  county,  and  from  the  applicants 
so  presented  to  the  county  court  or  board  of  supervisors  of 
the  several  counties  represented,  and  found  to  possess  the 
requisite  qualifications,  shall  select  by  lot  the  number  of 
pupils  to  which  said  district  is  entitled.  The  board  of 
trustees  shall  have  discretionary  power,  if  any  candidate 
does  not  sign  and  file  with  the  secretary  of  the  board  a  de¬ 
claration  that  he  or  she  will  teach  in  the  public  schools 
within  the  state  not  less  than  three  years,  in  case  that  en¬ 
gagements  can  be  secured  by  reasonable  efibrts  to  require 


XIII 


candidate  to  provide  for  the  payment  of  such  fees  for  tui¬ 
tion  as  the  board  may  prescribe. 

§  14.  To  enable  the  board  of  trustees  to  erect  the  build¬ 
ings  and  make  the  improvements  preparatory  to  the  recep¬ 
tion  of  pupils  in  said  institution,  and  to  supply  the  neces¬ 
sary  furniture  for  the  same,  the  sum  of  seventy-five  thou¬ 
sand  dollars  is  hereby  appropriated  out  ol  the  state  treas¬ 
ury,  payable  on  the  order  of  said  board,  as  required  for  use, 
in  sums  not  exceeding  ten  thousand  dollars  per  month. 
The  first  payment  to  be  made  on  the  first  day  of  June  next, 
and  subsequent  payments  monthly  thereafter,  but  each  suc¬ 
cessive  order  for  subsequent  payments  shall  be  accompanied 
by  an  account  sustained  by  vouchers,  showing,  to  the  satis¬ 
faction  of  tha  auditor,  the  expenditure  of  the  previous 
payment. 

§  15.  The  expense  of  building,  improving,  repairing, 
and  supplying  fuel  and  furniture,  and  the  salaries  or  com- 
,  i>ensation  of  the  trustees,  superintendent,  assistants,  agents 
and  employees,  shall  be  a  charge  upon  the  state  treasury  ; 
all  other  expenses  shall  be  charg.able  against  pupils,  and 
the  trustees  shall  regulate  the  charges  accordingly. 

§  16.  If  the  buildings  and  improvements  herein  provi¬ 
ded  for  shall  be  ready  for  the  reception  of  pupils  before  the 
next  regular  session  of  the  general  assembly,  the  governor 
is  authorized  to  make  orders  on  the  auditor,  directing  him 
to  issue  warrants  at  the  end  of  each  quarter  of  the  fiscal 
year  for  amounts  sufficient  to  pay  the  expenses  chargable 
against  the  state,  and  the  auditor  shall  issue  warrants  ac¬ 
cordingly,  which  shall  be  paid  by  the  treasurer. 

§  17.  The  trustees  of  this  institution  shall  receive  their 
personal  and  traveling  expenses,  and  the  auditor  is  hereb} 
authorized  to  issue  his  warrants  quarterly,  upon  taking  the 
affidavit  of  the  trustees  as  to  the  actual  time  emplo3^ed,  and 
their  personal  and  traveling  expenses. 

§  18.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  March  9,  1869. 


COUNTY  NORMAL  SCHOORS. 

An  Act  to  c^nable  counties  to  establish  County  Normal  Schools. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  in*  each  county- 
adopting  township  organization,  the  board  of  supervisors, 
and  in  other  counties  the  county’’  court,  may  establish  a 
county  normal  school  for  the  purpose  of  fitting  teachers  for 
the  common  schools.  That  they  shall  be  authorized  to 
levy  taxes  and  appropriate  money’^s  for  the  support  of  said 
schools,  and  also  for  the  purchase  of  necessary  grounds  and 


Appropriation 

therefor. 


Expense. 


Auditor  to  is¬ 
sue  warrants. 


Expenses  of. 
trustees. 


Ly  wliom  es  - 
tahiished. 


XIV 


buildings,  furniture,  apparatus,  etc.,  and  to  hold  and  ac¬ 
quire,  by  gift  or  purchase,  either  from  individuals  or  cor- 
l^orations,  any  real  estate,  buildings  or  orher  property,  for 
the  use  of  said  schools,  said  taxes  to  be  levied  and  collected 
as  all  other  county  taxes :  Provided^  that  in  counties  not 
under  township  organization,  county  courts  shall  not  be 
authorized  to  proceed  under  the  provisions  of  this  act  until 
To  be  voted  for,  the  Subject  shall  have  been  submitted  to  a  vote  of  the  peo¬ 
ple,  at  a  general  election,  and  it  shall  appeal  that  a  major¬ 
ity  of  all  the  votes  cast  on  the  subject,  at  said  election, 
shall  be  in  favor  of  the  establishment  of  a  county  normal 
school.  The  ballots  used  in  voting  on  this  subject  may 
read  “For  a  county  normal  school,”  or  “Against  a  county 
normal  school.” 


Management.  §  2.  The  management  and  control  of  said  school!  shall 
be  in  a  county  board  of  education,  consisting  of  not  less 
than  five  nor  more  than  eight  persons,  of  which  board,  the 
chairman  of  the  board  of  supervisors  or  the  judge  of  the 
count}^  court,  as  the  case  may  be,  and  the  county  superin¬ 
tendent  of  schools,  shall  be  ex-officio  members.  The  other 
of^eTucatkm*^^  members  shall  be  chosen  by  the  board  of  supervisors  or 
county  court,  and  shall  hold  their  offices  for  the  term  of 
Election.  three  years.  But  at  the  first  election  one-third  shall  be 
chosen  for  one  year,  one-third  for  two  years,  and  one-third 
for  three  years,  and  thereafter  one-third  shall  be  elected 
annually.  Said  elections  shall  be  held  at  the  annual  meet¬ 
ing  of  the  board  of  supervisors  in  September,  or  at  the  Sep¬ 
tember  term  of  the  county  court,  as  the  case  may  be. 

PoAver  of  said  §  3.  Said  board  of  education  shall  have  power  to  hire 
teachers,  and  to  make  and  enforce  all  needful  rules  and  reg¬ 
ulations  for  the  management  of  said  schools.  A  majority 
of  said  board  shall  constitute  a  quorum  for  the  transaction 
of  business,  and  a  meeting  of  said  board  may  be  called  at  any 
time  by  the  president  or  secretary,  or  by  any  three  of  the 
members  thereof.  Said  board  shall  proceed  to  organize, 
within  twenty  days  after  their  appointment,  by  electing  a 
president,  who  shall  hold  his  office  for  one  year,  and  until 
his  successor  shall  be  appointed.  The  county  superintend¬ 
ent  shall  be  ex-officio  secretary  of  the  board.  Said  board 
shall  make  to  the  board  of  supervisors,  at  their  annual 
meeting  in  September,  or  to  the  county  court  at  the  Sep¬ 
tember  term,  as  the  case  may  be,  a  full  report  of  the  condi¬ 
tion  and  expenditures  of  said  county  normal  school,  together 
with  an  estimate  of  the  expenses  of  said  school  for  the  en¬ 
suing  year. 

§  4.  Two  or  more  counties  may  unite  in  establishing  a 
normal  school,  in  which  case  the  percent,  of  tax  levied  for 
the  support  of  said  school  shall  be  the  same  in  each  county. 

To  i^aiizo  §5.  In  all  counties  that  have  already  established  nor- 
inal  schools,  the  action  of  the  board  of  supervisors  in  so 
doing,  and  all  appropriations  made  by  them  for  their  sup¬ 
port,  are  hereby  legalized;  and  said  boards  of  supervisors, 
are  hereby  authorized  and  empowered  to  make  further 


ooi’.ntics 
may  unite. 


XV 


appropriations  for  the  support  of  such  schools  already  estab¬ 
lished,  until  such  schools  shall  have  been  established  under 
the  previous  sections  of  this  act. 

§  6.  No  member  of  the  aforesaid  county  board  of  educa¬ 
tion  shall  be  entitled  to  compensation  for  services  rendered 
as  a  member  of  such  board. 

§  7.  This  act  shall  be  in  force  from  and  after  its  pas¬ 
sage. 

Approved  March  15,  1869. 


BORx^OWlNG  MONEY. 

2  47.  Borrowing  money — Limit— Tax— Registered  Boudi?. 


An  Act  to  amend  section  forty-seven  (^7)  of  “An  act  to  establish 

arid  maintain  a  system  of  free  schools^'  approved  April  Ist^ 

1872,  Approved  May  ii,  1877.  In  force  July  i,  1877. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Uli- 
nais,  represented  in  the  General  Assembly^  That  section  forty- 
seven  (47)  of  an  act  entitled  “An  act  to  establish  and 
maintain  a  system  of  free  schools,”  approved  April  first, 
1874,  be  amended  so  as  to  read  as  follows  : 

[The  amendment  to  section  47  of  the  school  law  amends 
an  act  approved  April  first,  1874,  which  should  read  ap¬ 
proved  April  1st,  1872,  hence  the  provisions  are  of  no  legal 
value  and  cannot  be  enforced.] 

§  47.  [Borrowing  Money  —  Limit — Tax — Registered 
Bonds.]  For  the  purpose  of  building  school  houses,  or  pur¬ 
chasing  school  sites,  or  for  repairing  and  improving  same, 
the  directors,  by  a  vote  of  the  people,  at  an  election  called 
and  conducted  as  required  in  the  forty-second  (42)  section 
of  this  act  (a  majority  of  the  votes  cast  shall  be  necessary 
to  authorize  the  directors  to  act)  may  borrow  money,  issuing 
bonds,  executed  by  the  officers,  or  at  least  two  members  of 
the  board,  in  sums  of  not  less  than  one  hundred  dollars 
(SlOO),  but  the  rate  of  interest  shall  not  exceed  ten  per 
cent.,  nor  shall  the  sum  borrowed  in  any  one  year,  exceed 
five  per  cent,  (including  existing  indebtedness)  of  the  tax¬ 
able  property  of  the  district,  to  be  ascertained  by  the  last 
assessment  for  the  State  and  county  taxes  previous  to  the 
incurring  of  such  indebtedness,  nor  shall  the  tax  levied 
in  any  one  year  for  building  school  houses,  exceed  three 
per  cent,  of  said  taxable  property,  except  to  pay  indebted¬ 
ness  contracted  previous  to  the  passage  of  this  act.  All 
bonds  authorized  to  be  issued  by  virtue  of  the  power 
granted  by  this  act,  before  being  so  issued,  negotiated  and 
sold,  shall  be  registered,  numbered,  and  countersigned  by 
the  school  treasurer  of  the  township  wherein  the  school 
house  of  such  district  is,  or  is  to  be  located.  Such  register 
shall  be  made  in  a  “Bond  Register”  book  to  be  kept  for  that 


XVI 


purpose,  and  in  this  register  shall  first  be  entered  the  record 
of  the  election,  authorizing  the  directors  to  borrow  money,, 
and  then  a  description  of  the  bonds  issued  by  virtue  of  such 
authority,  as  to  number,  date,  to  whom  issued,  amount, 
rate  of  interest,  and  when  due.  All  moneys  borrowed  un¬ 
der  authority  granted  by  this  section  shall  be  paid  into 
the  school  treasury  of  the  township  wherein  the  bonds 
issued  therefor  are  required  to  be  registered^  and  upon  re¬ 
ceiving  said  moneys,  the  treasurer  shall  deliver  the  bond 
or  bonds  issued  therefor,  to  the  parties  entitled  to  receive 
the  same,  and  shall  credit  the  funds  received  to  the  district 
issuing  the  bonds,  and  shall  enter  in  the  “Bond  Register” 
the  exact  amount  received  for  each  and  every  bond  issued, 
and  when  any  such  bonds  are  paid,  the  township  treasurer 
shall  cancel  the  same,  and  shall  enter  in  the  “Bond  Reg¬ 
ister,”  against  the  record  of  such  bonds  the  words,  “Paid 

and  canceled  this - day  of - ,  A.  D. - ,”  filling  the 

blanks  with  the  day,  month  and  year,  corresponding  with 
the  date  of  such  payment. 

Approved,  May  11,  1877. 


INDEX. 


INDEX. 


PAGE.. 


Accounts  of  township  treasurer,  how  kept...  32 

subject  to  inspection . .' .  32 

Action,  of  assumpsit .  13 

of  debt,  against  collector .  25 

on  mortgage .  34 

against  trustees .  34 

qid  tarn . . 34,  47 

Acts,  former,  repealed .  58 

official,  to  be  recorded .  22 

special,  may  be  relinquished .  40 

Administrators,  to  give  preference  to  debts 

due  the  school  fund .  34 

Advertisement  of  school  lands .  48 

Adviser,  legal,  state  superintendent  to  be .  7 

official,  county  superintendent  to  be .  10 

Age,  school .  22 

Amount  of  tax  required,  to  be  certified .  23 

Apparatus,  authority  for  purchase  of .  23 

Appeal  from  decision  of  county  superinten¬ 
dent .  10 

Appairtionment,  by  county  superintendent....  9 

of  funds  by  trustees  .  17 

when  made .  17 

basis  of .  17 

by  auditor .  35 

when  made .  35 

Appraisal,  of  district  property,  time .  16 

at  fair  cash  value .  16 

Appraiser,  not  to  be  resident  of  township .  16 

Appropriation  for  teachers’  institutes .  38 

Assessor,  to  note  number  of  school  district .  24 

books  of,  to  be  ruled  therefor .  24 

Assumpsit.  See  “action  of.’’ 

Attorneys,  state’s .  47 

Auction,  sales  of  real  estate  by  trustees .  20 

sale  of  school  land  (16th  section) .  48 

Auditor  of  public  accounts,  to  apportion 

state  funds .  37 

to  issue  warrants  to  county  superintend¬ 
ent  .  37 

to  issue  warrants  to  state  treasurer .  37 

to  file  list  of  land  sales .  51 

to  issue  patents  for  school  lands .  51 

to  return  certificates  to  county  superin¬ 
tendent .  51 


Ba.sis  of  apportionment . 9, 18.  36 

Bidding  for  school  lands,  manner  of .  49 

Boards,  county.  See  “County.’’ 

^  _ A _  t .  TN  _•  «  • 


of  education,  to  report  statistics .  41 

in  what  cases  chosen . .  42 

successors  to  directors .  42 

election  and  terms  of  office  of .  42 

powers  and  duties  of .  42 

in  cities  of  100,000 .  44 

to  be  appointed .  45 

to  consist  of  fifteen  members. .  .  46 

term  of  office  of .  46 

eligibility .  46 

powers  and  duties  of .  43 

of  trustees.  See  “Trustees.” 

Bond,  official,  of  state  superintendent .  5 

of  county  superintendent .  7 

to  be  filed  with  county  clerk .  8 

form  of . .  7,  8 

when  insufficient .  8 

of  township  treasurer,  to  be  approved  by 
County  superintendent . * . .'.  9 


PAGE. 

Bond  of  township  treasurer .  30 

amount  of .  31 

form  of . 31 

may  be  increased .  31 

to  be  approved  by  trustees .  31 

to  be  filed  with  county  superintendent .  31 

Bonds,  district,  provision's  for  issuing .  25 

Books,  for  county  superintendent,  how  paid 

for .  8 

of  record,  directors  to  buy .  22 

blank,  for  asses-sors,  how  made . ‘24 

record  of  trustees.. .  14 

of  township  treasurer .  31 

boundaries,  district .  16 

branches  of  study  required .  27 

directors  or  voters  may  prescribe .  27 


Causes  for  dismissal  of  teacher .  26 

removal  of  county  superintendent .  8 

removal  of  directors .  39 

Census,  last  state,  basis  of  appointment .  37 

Certificate,  poll  book  and,  of  tax,  to  township 

treasurer .  22 

time  of  return .  22 

form  of .  22 

when  district  partly  in  two  countie.s .  22 

of  amount  due  each  district .  22 

teachers,  of  licensure . 22 

given  by  county  superintendent .  27 

conditions  of .  27 

two  grades .  27 

form  of .  27 

may  be  renewed .  27 

may  be  revoked . 27 

record  of  to  be  kept .  27 

See  “State.” 

of  qualification,  essential  to  payment .  28 

of  purchase  of  school  lands .  51 

to  be  filed  by  county  superintendent .  51 

duplicate  have  force  ot  original .  51 

Cities  and  towns.  See  “Towns.” 

of  100,000  inhabitants .  44 

board  of  education  in .  14 

Change  of  district  lines .  15 

Changes  of  district  lines,  to  be  recorded .  17 

to  be  filed  in  ten  days .  17 

compliance  essential  to  validity  of .  17 

Children,  number  of  to  be  reported, .  19 

under  21 — basis  of  apportionment.. ..9,  18,  36 

school— age  of,  6-21 .  25 

school  rights  to  be  secured .  25 

failure  to  make  return  of .  24 

Clerk  of  board  of  directors .  22 

compensation  of .  22 

to  report  to  township  treasurer .  22 

of  trustees— treasurer  ex  officio .  14 

of  courts  of  record  to  report  fines  and  for¬ 
feitures . .  47 

Common  school  lands.  See  “  School  lands” 

Compensation  of  clerk  of  directors .  22 

of  officers .  38 

of  county  superintendent,  provided  by 

law .  38 

payable  from  county  treasury .  38 

of  county  collector  fixed  by  law .  38 

of  township  treasurer .  38 

Collections  of  fines  to  be  enforced .  48 


Collector,  to  pay  taxes  to  township  treasurer..  24 
to  make  statement  of  uncollected  taxes...  24 


II 


INDEX. 


Collector—  page. 

failure  to  pay  tax .  24 

penalty  for .  24 

action  of  debt  against .  24 

rot  liable  for  delinquent .  25 

to  pay  county  superintendent  on  auditors 

warrant .  38 

of  two-mill  tax,  compensation. .  :38 

Contracts — interested  in .  23 

Control  of  school  houses .  20 

Consolidation  of  districts .  15 

Constitution,  Art.  8,  front  fly-leaf. 

Controversies  first  to  be  brought  to  county 

superintendent .  10 

Conveyances,  by  superintendent  or  trustees....  11 

of  school  property,  how  made .  20 

Corporation,  trustees  a  perpetual .  11 

board  of  directors  a .  25 

cannot  make  sectarian  grants .  39 

Costs,  not  chargable,  when .  40 

County  board  may  remove  county  superin¬ 
tendent . .* .  8 

may  fill  vacancy .  8 

may  direct  as  to  visitation .  10 

examiners,  board  of .  27 

may  appropriate,  for  institutes .  38 

to  examine  statements .  51 

liable . .  51 

County  clerk  to  order  first  election  of  trustees  11 

to  record  map .  10 

to  change  tax  lists,  rule  for . .  10 

duties  in  computing  district  tax .  2-1 

his  computation  to  be  final .  24 

to  certify  to  township  treasurers .  24 

to  record  report .  51 

County  fund . 

County  superintendents  of  schools . 

time  of  election  .  7 

term  of  oflice .  7 

to  take  oath .  7 

bond  of,  penalties  and  conditions .  7 

form  of  bond .  8 

bond  to  be  filed  with  county  clerk .  8 

county  board  may  remove..’. . 8 

coujtty  board  may  increase  bond .  8 

county  board  may  fill  vacancy. . .  8 

county  board  may  order  election  for  suc- 


I  I 


ccssor .  8 

to  keep  records.  A,  B  and  C .  8 

to  examine  bonds  of  township  treasurers.  8 

to  file  same,  if  good  and  sufiicient .  8 

to  hold  funds  unless  same  has  been  filed..  8 

to  apportion  state  funds .  9 

to  report  to  state  superintendent .  9 

liability  for  failure  to  reimrt .  9 

to  tin’ll  over  oflice  to  successor .  9 

to  loan  county  funds .  9 

to  apportion  interest  on  county  fund .  9 

notes  in  name  of,  valid .  9 

to  visit  schools,  when .  10 

duties  of,  to  school  and  school  ofiicers .  10 

opinion  of,  in  controversies .  10 

duties  in  procuring  statistics .  10 

to  bring  suit  against  trustees  for  costs 

thereof .  10 

may  re-sell  real  estate  taken  for  debt .  10 

to  order  election  of  trustees,  when .  12 

to  order  district  elections,  when .  21 

to  grant  certificates .  27 

may  renew  or  revoke  certificates .  27 

to  keep  record .  27 

to  report  to  state  superintendent .  28 

to  hold  examinations  quarterly .  28 

to  receive  no  fee .  28 

may  bring  suit  against  collector .  38 

compensation  of,  how  paid... .  38 

may  remove  directors . 39 

to  receive  fines  and  forfeitures .  48 

to  distribute  same .  48 

may  sue  for  failure  to  report .  48 

to  notify  trustees  of  petition .  49 

to  sell  lands  according  to  plat . .  49 

to  advertise  school  lands .  50 


PAG  s. 


County  superintendent — 

to  ’sell  lands — manner .  49 

may  sell  at  private  sale .  51 

to  issue  certificates  to  purchaser .  50 

to  report  to  county  board .  51 

to  report  land  sales  to  auditor .  51 


Debt,  bonded,  bars  change  of  district  lines . 

Debts  of  old  district  to  be  deducted . 

school,  to  be  first  paid . 

Default  in  payment  of  loans . 

penalty  therefor . 

in  payment  of  interest . 

Demands  against  school  ofiicers .  38, 

Designation  of  boards  of  directors .  25, 

Directors,  school,  may  transfer  pupils . 

to  deliver  separate  schedules . 

to  collect  dues  from  other  townships . 

to  have  control  of  school  houses . 

may  grant  use  for  meetings . 

their  election  and  duties .  15,  21, 

election  of.  when  held,  how  called  and 

conducted . 

meet  and  organize . 

may  be  postponed . 

evidence  of . 

to  appoint  clerk,  duties  of . 

to  make  report  at  annual  election . 

must  be  resident  of  district . 

cannot  be  trustees . 

cannot  be  interested  in  contracts . 

authorized  to  buy  record  book . 

may  pay  clerk . 

powers  of  in  levying  tax . 

shall  certify  to  amount  needed . 

may  borrow  money,  when . 

duties  of  in  maintaining  schools . 

may  locate  site,  when . 

judgments  and  executions  against . 

may  prescribe  other  branches . 

cannot  employ'  teacher,  when . 

must  examine,  correct,  certify  and  file 

schedules . 

limited  in  certifying  schedules . 

to  file  schedules  by  given  day' . 

to  receipt  to  teacher . 

liable  for  loss  of  schedule . 

must  pay  interest,  when . 

clerk  of.  See  “Clerk.’’ 

may  be  removed . 

Districting  of  newly  organized  townships . 

District  boundaries,  rules  for  changing . 

change  of  not  valid,  when . 

property  to  be  appraised  and  divided . 

township  a,  for  high  school . 

funds,  custodians  of . 

tax,  to  be  uniform . 

school  orders . 

Districts,  formation  of . 

limitation  in  forming . 

ofiicial  designation  of . 

of  two  thousand  inhabitants . 

Division  of  property  and  funds  to  be  made 

when . 

Donations,  for  school  purposes . 


15 

15 

34 

3-i 

34 

34 

39 

26 

18 

18 

18 

20 

20 

26 

21 

15 

22 

22 

22 

22 

23 

23 

23 

22 

22 

2’2 

23 

25 
2;3 

26 
26 
28 
28 

30 

30 

30 

30 

30 

30 

39 

14 

14 

15 

16 
18 
20 

24 
36 

15 
14 
14 
41 

16 
20 


Election  of  superintendent  of  public  instruc 


tion .  a 

of  county  superintendent .  7 

of  trustees .  H 

how  ordered .  H 

W'henheld .  H 

may  be  adjourned .  H 

county  superintendent  may  order .  12 

judges  of .  12 

manner  of  conducting .  12 

manner  of  contesting .  12 

at  town  meeting,  when .  12 

to  fill  vacancy .  1-3 

return  of . .’. .  !<* 


INDEX. 


in 


Election  of  Superintendent—  page. 

of  directors,  time  of .  21 

notices  of .  21 

township  treasurer  to  order  in  new  dis¬ 
trict .  21 

failure  of  directors  to  order .  21 

may  be  postponed . - .  22 

judges  of .  22 

decision  of  in  a  tie .  22 

poll-book  and  certificate  of .  22 

at  annual,  report  to  be  made .  22 

required  for  borrowing  money .  25 

for  purchasing  sites  or  building  houses .  25 

for  organizing  under  free  school  law .  44 

in  what  cases  to  be  called . .  44 

fifteen  days  notice  required. .  44 

Eligibility,  to  office  of  trustees . 11, 19 

of  director . 22,  23 

of  voters .  13 

for  board  of  education . 41,  42 

Examination,  township  officers  to  make .  20 

of  teachers .  26 

by  whom  conducted .  26 

in  what  branches .  26 

notice  of  to  be  published  of  State  Ex .  27 

must  be  held  quarterly .  28 

Executors,  to  give  preference  to  school  debts..  34 

Exemption  from  road  labor,  etc.,  Avho .  38 

Expenses,  of  oflice  of  state  superintendent .  7 

of  supporting  schools .  23 

Expulsion  of  pui;)ils,  by  directors .  26 

no  action  against  directors  for .  26 


I 


I 

I 


I 

i 

I 


Failure  to  hold  election  of  trustees .  12 

to  make  election  returns . 13,  22 

of  directors  to  order .  21 

of  township  treasurer .  35 

to  make  report— fine .  48 

to  pay  fine .  48 

of  purchaser  to  make  payment .  50 

Fines  and  forfeitures.  See  “penalties” .  48 

Forfeiture  of  funds  may  be  remitted .  19 

Form  of  bond  of  county  superintendent .  7 

of  tax  certificate .  23 

of  teachers’  certificate .  27 

of  record  of  certificates .  27 

of  schedule .  29 

of  certificate  of .  29 

of  certificate  of  directors . 30 

of  bond  of  township  treasurer .  31 

of  record  of  notes,  etc .  32 

of  mortgage .  33 

of  district  orders .  36 

Fractional  townships,  union  of,  with  adjacent 

townships . 11,  49 

sale  of  school  lands  in .  48 

Funds,  state  superintendent  may  withhold .  7 

county  superintendent  not  to  pav,  when..  9 

Funds,  on  hand  to  be  divided . .'. .  16 

apportionment  of,  by  trustees .  17 

district,  to  be  paid  on  orders .  17 

Funds,  forfeiture  of . 19 

town.ship,  how  loaned .  32 

may  be  loaned  to  directors .  33 

how  secured .  33 

Fund,  township,  inviolable .  36 

interest  of,  to  be  distributed . 36,  37 

county . 34,  35 

school,  from  special  taxes .  36 

slate  school,  what .  36 

custo<lian’s  liability .  38 

w  ithheld,  when  ....’. .  41 

False  return  of  children .  39 


I 


I 


General  election,  laws  govern .  13  ' 

voter  at .  13  | 

Graduates  of  county  normal  school .  27  I 


PAGE. 

Illiteracy,  report  of . 6,  19,  22 

Imprisonment,  liability  to .  38 

for  perversion  of  funds .  38 

Improvements,  value  of,  not  included .  34 

Indebtedness,  tax  for  previous  not  limited .  26 

Indictment,  liable  to . 38,  46 

Informer  to  receive  half .  48 

Institutes,  teacher’s,  county  superintendent 

to  assist  in .  10 

appropriation  for .  38 

Institutions  of  learning,  reports  of . 41 

Interest  on  coxinty  fund .  9 

on  schedules .  30 

rate  of . 

default  in  payment  of .  35 

only,  may  be  recovered .  34 

penal,  in  case  of  default .  34 

state  to  pay . 37 


Judges,  of  trustee  elections.. .  12 

liabilities  of .  13 

may  close  polls  at  4 .  13 

to  return  poll-book .  13 

election  of  directors .  21 

to  decide  by  lot  in  case  of  tie .  22 

penalty  for'failure  to  return  poll-book .  13 

Judgments .  26 

against  purchases  of  school  land .  50 

Justices,  to  enforce  collection  of  fines .  47 

to  report  when  incurred .  47 

to  report  w'hen  collected .  48 

liable  lor  failure  to  return .  48 

liable  for  failure  to  repoi’t .  48 


Lands,  common  school.  See  “School  lands” 


Levy,  directors  to  make .  2.3 

limit  of . 23,  25 

manner  of  making . 23 

of  clerk,  final .  24 

for  payment  of  judgment . . .  26 

board  of  education  can  make .  42' 

Liability  of  county  superintendent . 8,  9,  39 

of  township .  19 

of  directors . 25,  :t0 

of  treasurer .  36 

of  collector .  35 

of  school  ofiicers .  39 

of  trustees .  36 

for  trespass . 47 

Liability— 

of  clerks,  attorneys  and  justices .  47 

of  securities .  51 

of  county  board . .  51 

Libraries,  school,  provision  for .  23 

Lien  on  real  estate  of  school  ofiicers .  39 

Limit,  in  time  for — 

return  of  poll-book . 13,  22 

appraisal  of  property .  16 

filing  of  map .  17 

correction  ot  tax  list .  17 

transmitting  report .  19 

return  of  tax  certificate . 23 

certif3dng  schedules .  30 

delivery  of  schedules .  30 

Limit,  in  taxation .  2:1,  25 

indebtedness .  24,  25 

school  year .  14,  23 

Lists,  tax  correction  of . 17 

of  tax  payers  to  be  filed . . .  17 

Loans,  by  county  superintendent,  term  of .  9 

of  township'funds .  38 

must  be  made  by  treasurer .  32 

terms  and  securities .  32 

of  surplus  district  funds . 3:1 

Loss  of  funds,  liability  for .  38,  39 


3 

High  school,  provisions  for, 


!  Mandamus,  writ  of 
18  j  Map,  of  township..., 


26 

17 


IV 


INDEX. 


PAGE, 

Map,  of  township— 

to  be  filed  in  ten  days .  17 

treasurer  to  file .  23 

Meetings,  trustees,  time  of .  14 

changes  of  district  bounds  only  at  regular  14 

apportionment  of  semi-annual .  17 

examination  at .  20 

of  board  of  examiners,  State .  28 

powers  to  be  exercised  at  regular.. .  44 

Month,  school .  30 

Mortgages,  in  name  of  county  superintendent  9 

required  amount  of .  32 

payable  to  board  of  trustees .  33 

form  of .  33 

form  not  i>eremptory .  33 

action  on . * .  34 


Neglect,  to  order  elections .  12 

to  make  election  returns .  13 

to  make  report .  18 

of  collector  to  nay  tax .  24  and  25 

to  return  schedules .  30 

of  collector  to  pay  auditor’s  warrant .  37 

to  perform  duties . 38 

New  districts,  formation  of .  15 

to  receive  share  of  property .  16 

election  in .  25 

directors  to  draw  lots .  22 

Normal  schools,  graduates  of  county .  27 

Notes,  etc.,  in  name  of  county  superintend¬ 
ent .  7,  10 

suits  on .  10 

trustees  to  examine .  20 

trustees  may  cancel .  21 

record  of . 32 

township .  32 

payable  to  board .  32 

to  be  examiired .  32 

treasurer  to  turn  over .  35 

Notices  of  elections— 

of  trustees .  12,  13 

for  high  school .  18 

of  directors .  21 

of  sale  of  school  property .  20 

of  examination,  State .  28 

of  sale  of  school  land .  50 


Office  of  state  superintendent — 

where  kept — how .  5 

Officers,  school,  exempt  from  road  labor  and 

military  duty .  38 

liabilities  of .  38 

lieu  on  real  estate  of .  39 

subject  to  fine .  39 

responsible  for  losses .  39 

interest  of  in  school  funds .  39 

not  liable  for  costs .  40 

in  cities  and  towns.., .  40 

towns  to  make  returns .  16 

Official  bonds.  See  “Bonds.” 

Oath,  official,  of  state  superintendent .  5 

of  county  superintendent . . .  7 

Orders  of  directors,  not  to  be  drawn  till  sche¬ 
dule  is  filed .  30 

treasurer  to  pay  on,  only .  30 

purpose  to  be  stated .  30 

form  of .  30 

treasurer  to  file .  30 

Organization,  election  for,  under  free  school 

law .  41,  42 


Patents,  to  purchasers  of  school  land .  51 

how  to  be  issued .  51 

evidence  of  legality  of  sale .  52 

a  perfect  title .  52 

duplicate  to  have  force  of  original .  52 

Penalties — 

removal  of  county  superintendent . .  8 

trustees,  failure  iii  returns .  10 


PAGE. 

Penalties — 

failure  to  return  poll  book .  13,  23 

trustees,  faihrre  to  divide  property .  17 

township  to  forfeit  funds .  19 

collector,  not  paying  over  taxes .  25 

for  default  in  paying  loans .  34,  35 

township  treasurer,  failure  to  turn  over...  36 

of  school  officers .  40 

fine  of  trustees .  ,39 

fine  of  school  officers .  39 

removal  of  directors .  40 

perversion  of  funds .  39 

sale  of  books,  ete .  40 

for  trespass  on  school  lands .  47 

fines  and  forfeitures .  47 

hoAv  collected .  47 

when  to  be  paid  over .  47 

to  be  distributed  by  county  superintend¬ 
ent  .  47 

duties  of  state’s  attorneys .  47 

duties  of  justices . .  47 

report  of  justices .  47 

failure  to  report,  fine .  48 

failure  to  return .  48 

in  cities  and  towns  excepted .  46 

Permits,  for  transfer  of  pupils .  18 

to  be  filed .  18 

Persons,  suitable  to  take  statistics .  10 

to  have  access  to  books,  etc .  10 

payment  of,  manner .  10 

to  be  recovered  from  trustees . 10 

Perversion  of  funds,  to  sectarian  purposes, 

forbidden .  39,  40 

penalty  for .  40 

Petition,  for  change  of  district  bounds .  14, 15 

for  high  school .  18 

to  be  filed  with  treasurer,  when .  18 

for  sale  of  school  house .  20 

for  election,  on  voiding  special  acts .  43 

for  sale  of  school  lands .  48 

Plat  of  districts,  map  of  school  lands .  49 

Poll  book,  election  of  trustees .  13 

returnable  to  county  superintendent, 

limit .  13 

penalty  for  failure  to  return .  13 

election  of  directors . 21,  22 

returnable  to  township  treasurer .  22 

failure  and  penalty .  13 

Postponement  of  elections .  12,  22 

Powers  of  directors — 

in  levying  taxes .  23 

in  borrowing  money .  25 

in  maintainance  of  schools .  23 

President  of  board  of  trustees— 

to  hold  for  one  year .  14 

pro  tern  may  be  chosen .  14 

to  execute  conveyances . . .  20 

of  board  of  directors .  22 

process  to  be  served  on .  26 

to  sign  orders .  30 

Procedure  in  dividing  property .  16 

Proceedings,  official  to  be  recorded .  14,  22 

record  of,  open  to  inspection .  14 

of  directors,  treasurer  to  examine  record..  22 

Property  of  districts,  division  of .  16 

when  made .  15 

rules  concerning . 15,  16 

debts  to  be  deducted .  16 

Property  of  districts — 

limitation  as  to  time .  15 

to  be  accounted  for .  28 

Pupils,  transfer  of .  18 

assigning  of .  26 

suspension  and  expulsion  of .  26 

attendance  of .  29 

age  of,  to  be  noted .  29 

Purchasers  of  school  land- 

may  borrow  bid .  49 

requirements  of .  50 

failure  to  make  payment .  50 

to  pay  difference .  50 

to  receive  certificate .  49 


INDEX. 


V 


PAGE. 

Purchasers  of  school  land — 

to  receive  patents .  50 

may  have  duplicate  of  certiticate  of  patent  52 


Qualifications  for  office,  of  trustees . 11,  23 

of  directors.... .  22 

of  township  treasurer .  14 

of  voters .  13 

of  teachers .  27 

how  determined .  27 

certificates  of .  27 

required . 26,  27 

Quorum  of  trustees . 14 

of  directors .  25 


Rate  of  interest,  on  schedules .  30 

on  township  funds .  32 

to  be  paid  by  state .  37 

of  district  taxes .  23 

to  he  uniform .  24 

of  state  tax .  37 

Real  estate,  may  be  taken  for  debt .  10 

may  be  sold .  11 

trustees  may  purchase .  20 

trustees  may  sell .  21 

manner  of  sale  of .  21 

security  for  loans . 9,  32 

of  school  officers  hollen .  39 

Receipts,  treasurer  to  take .  36 

Records,  to  be  kept  by  county  superintendent  8 

of  trustees .  14 

copy  of  certain,  filed  with  county  clerk...  16 

of  directors . 22 

to  be  submitted  to  treasurer .  22 

of  teachers,  certificates . 27 

form  of .  27 

transcript,  sent  to  superintendent .  28 

of  treasurer . 31 

of  land  sales .  51 

Recovery  of  amount  paid  to  secure  statistics..  10 

8  ction  for,  of  interest .  34 

on  bond  of  treasurer .  35 

from  trustees .  39 

from  school  officers .  39 

Relinquishment  of  special  school  acts .  43 

Removal  of  county  superintendent .  8 

of  treasurer . 14,  20 

of  teachers .  26 

of  directors . 39 

from  district  or  township,  effect  of .  22 

Repeal  of  former  acts . 52 

Reports,  of  county  superintendent .  9 

penalty  for  failure  to  make .  9  ; 

of  examination .  9  i 

of  land  sales .  51  j 

of  trustees  to  county  superintendent .  18  i 

time  of,  penalty  for  failure .  19  j 

separate  when .  20  I 

of  directors—  j 

to  township  treasurer . .* .  22  j 

to  voters .  22 

of  receipts  and  expenditures .  22  | 

of  illiteracy .  22 

of  uncollected  taxes .  23 

of  treasurer,  to  trustees .  35 

to  directors .  35 

of  school  officers,  failure  to  make .  36  | 

of  state  superintendent — 

made  to  governor .  6 

when  made .  6 

items  of .  6 

to  be  laid  before  general  assembly .  6 

of  towns  and  cities .  41 

of  institutions  of  learning .  41 

of  fines  and  forfeitures .  48 

Rules  and  regulations— 

state  superintendent  to  make .  6 

of  schools,  made  by  directors .  25 

boards  of  education  may  make .  42 


PAGE. 


Salary  of  state  superintendent .  7 

Sale  of  real  estate .  10 

in  hands  of  trustees .  21 

to  be  made  at  auction .  21 

not  to  defeat  lien .  39 

of  school  houses .  20 

manner  of .  20 

of  school  lands . 4S 

vrhen  to  be  made  in  fractional  townships  49 

Schedules,  teachers  to  keep .  28 

form  of .  29 

how  made .  29 

certificates  of . ;...  29 

disposal  of . 18,  30 

a  condition  of  payment  separate,  when 

required . 18,  30 

duties  of  treasurer  as  to . .  IS 

limited  to  six  months .  30 

time  of  return  of . . .  30 

payable  monthly .  30 

unpaid  balances,'  draw  interest .  30 

Scholars,  limits  of  age  of .  25 

schedules  to  be  xept .  28 

from  two  or  more  districts .  28 

age  of  to  be  noted .  29 

“text”  books .  26 

apparatus  and  furniture .  49 

interest  of  school  officers  in .  49 

liability  and  penalty .  49 

School  directors.  See  “Directors.” 

School  elections.  See  “Elections.” 

School  funds — 

county . 9,  36 

to^vnship.  See  “Township” .  36 

apportionment.  See  “apportionment.” 

withholding  of .  7 

division  of .  19 

forfeiture  of  public .  19 

custodian  of . 20,  35 

condition  of  payment .  28 

provisions  for  loaning . 9,  32 

payment  of  orders .  36 

state,  what .  36 

auditor’s  warrants  for .  37 

liability  of  custodian . 39 

responsibility  for  loss  of .  39 

perversion  of .  39 

suits  for  recovery  of,  costs .  40 

fines  and  ferfeitiires,  paid  to .  47 

School  grants,  may  be  received .  20 

School  houses — 

title  in  board  of  trustees .  20 

control  in  directors .  20 

use  of,  for  meetings,  etc .  20 

sale  of .  20 

repairing  and  improving .  23 

erection  of .  25 

limit  of  tax  for .  25 

vote  required  for  building .  26 

School  lands— 

16th  section  constitutes . .  46 

management  of . 47 

trespass  upon . .  47 

penalty,  for  trespass .  47 

penalty,  how  recovered .  48 

penalty,  disposal  of .  48 

sale  of*. .  48 

w'hen  to  be  made  in  fractional  tow'nship..  48 

petitions  for  sale  of . .  48 

plat  of,  valuation .  49 

maximum  size  of  lots .  49 

division  into  lots,  legalized .  49 

term  of  selling .  49 

purchaser  of  may  borrow  bid .  49 

place  of  selling . .  49 

advertisement  of . . .  49 

hours  of  sale . .  49 

manner  of  selling .  50 

continuance  of  sale .  50 

not  to  be  sold  under  valuation . . 8,  50 


VI 


INDEX. 


PAGE  . 


School  lands — 

may  be  sold  at  private  sale .  50 

re- valuation  of .  50 

certificate  of  purchase  of .  50 

report  of  sales  of . : .  51 

patent  to  purchaser . 51 

School  libraries .  23 

School  year .  6 

School  month .  30 

School  officers,  legal  adviser  of .  6 

exempted . 38 

liable  for  using  funds .  38 

may  be  imprisoned .  38 

lien  on  real  estate  of .  39 

responsibility  for  losses .  39 

perversion  of  funds  by .  39 

interest  of  in  books,  etc . 40 

in  cities  and  towns . 41,  42 

School  orders.  See  “Orders.” 

School  sites.  See  “Sites.” 

School  tax,  two  mill .  38 

see  “Taxes.” 

.School  trustees.  See  “Trustees.” 

School  visitation . . 10,  25 

Schools,  supervision  of .  6 

high .  18 

support  of .  23 

term  of .  23 

management  of .  25 

rights  of  all  children  in .  26 

branches  of  study  in .  26 

Sectarian  purposes .  39 

X)erversion  of  funds  to .  39 

Securities — 

on  bond  of  superintendent .  8 

names  to  be  recorded .  8 

on  treasurer’s  bond .  9 

tru.stees  to  examine . 20 

for  loans .  32 

kind  and  amount  of .  32 

payable  to  board .  33 

additional  required .  34 

suit  may  be  brought  for .  34 

township,  to  be  delivered  to  successor .  35 

liability  of  trustees  as  to .  38 

bound  for  claims  against  principals .  39 

for  payment  for  school  lands .  51 

of  sui)erintendent  not  exempted .  51 

Settlement,  trustees  may  make .  21 

Sites,  scliool  house,  title .  20 

sale  of .  21 

location  of .  25 

changed  by  directors,  when .  26 

Sixteenth  section,  school  land .  47 

sections  in  lie\i  of .  47 

Special  acts,  not  repealed .  41 

may  be  relinquished .  4t 

State,  to  pay  interest . 37 

State’s  attorneys,  duty  of .  47 

to  collect  fines  and  forfeitures .  47 

to  make  report .  47 

failure  of,  to  pay .  47 

State  certificates .  28 

State  funds .  37 

Statement — 

to  trustees .  35 

to  directors . 35 

of  delinquent  tax . 24 

of  county  superintendent  to  county  board  51 

to  be  preserved  and  copied . 51 

State  superintendent.  See  “Superinten¬ 
dent  public  instruction.” 

State  tax .  37 

Statistics- 

directors  to  give . 23 

state  superintendent  to  designate .  9 

of  cities  and  towns .  41 

Sufficiency  of  securities  of  treasurer .  39 

Suits,  in  name  of  county  superintendent— 

against  treasurer .  20 

against  collector .  25 

directors  may  bring . 25 


PAGE. 

Suits,  in  name  of  county  superintendent- 

in  name  of  board  of  trustees .  S4 

treasurer  may  bring .  35 

for  recovery  of  interest . 35 

may  be  brought,  how .  35 

against  county  collector .  38 

against  school  officers .  39 

payment  of  costs  in .  41 

against  trespassers .  47 

against  purchaser  of  school  lands .  50 

Superintendent  of  public  instruction . 5,  6,  7 

time  of  election  of .  5 

term  of  office .  5 

oath  of  office .  5 

bond  of,  penalty  and  conditions .  5 

office,  where  to  be  kept .  5 

to  preserve  papers  and  documents .  5 

pay  over  moneys .  6 

counsel  and  advice .  6 

have  supervision .  6 

make  report  to  governor .  6 

time  of  report .  6 

items  of  report . 6 

to  make  rules  and  regulations .  6 

legal  adviser  of  school  officer .  7 

may  cause  funds  to  be  withheld .  7 

salary  of,  to  be  fixed  by  law .  7 

contingent  expenses  of  office .  7 

may  remit  forfeiture . 19 

Sureties.  See  “Securities.” 

Surplus  funds,  how  used .  23 

Suspension  of  pupils .  26 

directors  not  liable  for .  26 


Taxes,  school,  computed — 

maximum  of . 2.3 

on  equalized  valuation .  24 

collection  of .  24 

collector  to  pay  treasurer .  24 

shall  be  uniform .  24 

not  to  exceed  amount  certified . 24 

county  clerk  to  compute .  2:1 

failure  of  collector  to  pay .  24 

for  building  purposes . 23,  25 

in  satisfaction  of  judgments .  26 

Teachers . 26,  28 

appointment  of . .  26 

may  be  dismissed .  26 

qualifications  required  for . 26,  27 

licensure  of .  27 

to  be  examined .  27 

by  whom  examined .  27 

conditions  of  pajTnent  of .  28 

must  have  certificate .  28 

must  keep  schedule .  28 

must  account  for  property . 28 

to  keep  schedules  in  form . 28 

institutes,  appropriations  for .  38 

Teachers  required  to  certify  schedules .  29 

to  deliver  schedule  to  directors .  30 

cannot  be  paid  without .  30 

to  keen  separate  schedules,  when .  28 

unpaid  balances  due .  30 

not  to  teach  on  holidays .  30 

Term  of  office — 

of  state  superintendent .  5 

county  superintendent .  7 

trustees .  11 

directora . 21,  22 

township  treasurer .  14 

boards  of  education .  42 

school,  limits  of .  2.8 

Terms  of  loaning  funds .  85 

of  sale  of  school  lands .  48 

Tie  vote,  judges  to  decide . 22 

by  lot,  on  day  of  election .  22 

Time  of  apportionment— 

by  county  superintendent. .  9 

by  trustees . 16 

by  auditor .  37 


INDEX. 


VII 


% 


PAGE. 


Time  of  election,  of  state  .superintendent .  5 

of  county  superintendent .  7 

of  township  trustees . 11,  12 

of  .school  directors . 1.5,  21 

for  return  of  poll-book .  18 

of  trustee  meeting . 14 

of  division  of  funds .  lU 

of  division  of  property .  16 

limits  of  for  appraisal .  16 

of  filing  map .  17 

return  of  tax  certificate .  23 

for  payment  by  collector .  24 

for  payment  of  warrrant .  37 

for  examinations  of  teachers .  28 

for  return  of  schedules .  30 

limit  of  in  loaning  money .  8 ! 

of  report  of  state  superintendent .  6 

of  county  superintendent . 9 

of  township  trustees .  18 

of  directors .  22 

of  treasurers  to  trustees .  35 

of  cities  and  towns .  41 

of  institutions  of  learning .  41 

of  fines  and  forfeitures . 45 

of  county  superintendents  to  county 

board .  51 

Title  in  county  superintendent .  11 

to  school  houses  and  lots .  20 

to  real  estate . 20 

to  school  lands .  52 

Town  meeting,  stated- 

election  of  trustees  at .  12 

officers,  to  make  returns .  13 

to  make  reports .  39 

Towns  and  cities . 40,  44,  45 

sptecial  acts  of  not  repealed .  40 

statistical  report  of .  41 

failure  to  report .  41 

boards  of  education .  41 

Township  apportionment  to  .school  defined....  9 

business  to  be  done  by  trustees .  11 

fractional,  may  unite  with  adjacent . 11,  48 

new  to  be  districted .  14 

map  of .  17 

union  of,  to  have  high  school .  18 

logarded  as  a  school  district .  18 

forfeiture  by .  19 

divided  by  county  lines .  19 

funds  of...'. .  36 

fractional,  school  section  of .  49 

lands  in,  how  sold .  48 

Transfer  of  pupils .  18 

permits  required . 18 

Treasurers  township— 

t)ond  of  filed  with  county  superintendent  8 

to  receipt  to  ceunty  superintendent .  9 

to  receive  state  funds. .T .  9 

to  call  trustee  elections .  12 

appointed  by  board .  14 

must  be  a  r^jident .  14 

not  to  be  a  director  or  trustee .  14 

to  be  clerk  of  board .  14 

to  hold  for  one  year .  14 

apportionment  of  funds . . 17 

to  pwy  on  district  orders .  17 

duties  of  as  to  separate  schedules .  18 

books  and  accounts  of  to  be  examined .  20 

avails  of  sale  to  be  paid  to .  20 

only  legal  custodian .  20 

trustees  may  remove .  20 

trustees  may  sue .  21 

to  call  election  in  new  districts .  21 

also  when  directors  fail  to  do  so .  22 

to  inspect  district  records .  22 

to  file  poll  books,  etc .  23 

to  retuni  tax  certificate .  23 

to  file  map .  28 

to  receipt  to  collector . 24, 2.5 

to  enter  taxes  in  proper  book .  25 

to  proceed  against  collector .  25 

not  l(*gal  to  pay  teacher  when .  28 


PAGE. 


Treasurers  township — 

to  allow  interest  on  schedules .  30 

must  execute  bond .  31 

form  of  bond  of .  31 

conditions  of  bond  of .  31 

to  keep  accounts  and  records .  81 

to  loan  moneys,  terms,  etc .  32 

suit  for  additional  security .  84 

to  have  debts  due  township  probated .  34 

to  bring  suit .  34 

may  sue  for  interest  only .  34 

custodian .  34 

to  keep  townshij)  fund  loaned .  .34 

fiscal  statement  of  to  tru.stee.s .  35 

to  settle  with  directors,  when .  35 

liable  for  non-performance .  35 

to  turn  over  property . .35 

repre.sentatives  of .  35 

penalty  for  failure .  36- 

in  case  of  death  of .  36 

to  take  and  file  receipt .  36 

to  file  orders  of  directors .  36 

compensation  of .  38 

liabilities  of . 38,  39^ 

real  estate  of,  held . 39 

re.sponsible  for  losses .  39 

to  hold  funds  of  board  of  education .  48 

Trees,  cutting  of  on  school  lands .  47 

Trespass  on  school .  47 

penalty  for .  47 

Trespas.se r' liable  to  fine .  47 

liable  to  commitment .  48 

Trustees  may  re-sell  real  estate .  50 

to  have  corporate  powers .  11 

designation  of .  11 

discretionary  powers .  15 

term  of  office .  11 

eligibility  of .  11 

time  and  manner  of  election . 11,  12 

election  of,  how  ordered . . . 11,  15 

election,  time  of .  11 

election  may  be  postponed .  12 

election,  county  superintendent  to  order, 

when . 12 

may  create  new  districts .  16 

election,  judges  of .  12 

election,  conduct  of . 12 

election  at  town  meeting,  when .  12 

election,  qualification  of  voters  at .  18 

election  in  case  of  tie .  1‘J- 

election  to  fill  vacancies .  18 

election  returns,  when  and  how  made .  18 

penalty  for  failure .  18 

successors  to  trustees  of  .school  lauds .  13 

meetings  of .  25 

board  of,  how  organized .  14 

to  appoint  treasurer .  14 

to  district  townships,  when . 14 

to  prepare  map .  16 

to  change  district  boundaries,  when . 14, 15 

to  divide  funds .  16 

to  appoint  appraisers .  16 

to  deduct  debts  from  valuation .  16 

to  distribute  value  of  property  within  30 

days .  10 

Tru.stee.s — 

liable  for  failure  to  distribute  funds  and 

property . 17 

to  apportion  school  funds,  when  and  how  17 

to  establish  high  schools,  when .  18 

to  provide  for  support  thereof,  how .  18 

of  two  townships  may  co-operate .  18 

to  cause  reports  to  be  made . 18 

to  make  separate  reports,  when .  IS 

to  examine  books  and  effects .  20 

to  provide  for  their  security,  etc .  20 

may  receive  gifts  for  school  purposes .  20 

vested  with  title  of  school  property .  20 

to  sell  and  convey  the  same,  when  and 

how .  20 

to  cau.se  moneys  to  be  paid  to  treasurer .  20 

to  have  power  Uj  remove  treasurer .  20 


VIII 


INDEX. 


PAGE. 


Trustees — 

may  purchase  real  estate .  20 

may  sell  real  estate .  20 

may  sell  real  estate  at  auction .  21 

may  make  settlements .  21 

shall  not  be  interested  in  contracts .  23 

judgments  and  executions,  against .  26 

to  allow  interest  on  schedules .  30 

-  to  approve  bond  of  treasurer .  31 

to  file  same  with  county  superintendent...  31 

when  liable .  35 

to  fix  treasurer’s  pay .  38 

liable  for  treasurer’s  securities .  38 

fine  of,  for  false  returns .  38 

fine  for  neglect  of  duty .  38 

liable  for  losses .  39 

liable  for  perversion  of  funds .  39 

liable  for  interest  in  books,  etc .  40 

to  district .  14 

have  discretionary  powers — page  15. 

may  bring  suit  for  trespass .  47 

to  plat  school  land .  49 

to  fix  value  of  lots .  49 

to  deliver  plat  to  county  superintendent..  47 

may  direct  a  place  of  sale .  49 

may  make  a  second  valuation .  50 


PAGE. 


Use  of  school  houses .  20 

personal  of  public  funds .  36 


Validity  of  state  certificates .  28 

Valuation  of  district  property .  16 

of  school  lands . 50 

second  may  be  made .  50 

Value  of  improvements .  17 

Vote  of  people  required .  26 

Voters,  qualifications  of .  13 

may  determine  studies .  25 

Vacancies,  in  office — 

of  county  superintendent .  8 

of  trustees.’ . 13 

in  civil  towns.., . 11 

of  directors .  21 

of  board  of  education .  47 


Warrants,  school — 

state  auditor  to  issue .  37 

county  superintendent  to  receive . .  37 

county  collector  to  pay — when .  37 

how  returned . 37 

refused  to  pay — penalty .  38 


/ 


INDEX  TO  APPENDIX. 


PAGE. 


Appointment  of  teachers  and  officers .  8 

Auxiliary  institutions .  8 

Applicants  selected  by  lot .  8 

Appropriation  for  university .  8 

Appointment  of  treasurer .  9 

of  trustees .  9 

Accounts,  how  settled .  11 

Auditor  to  issue  warrants .  13 

Borrowing  money .  15,  16 

amendment,  hot  legal . .  15 

Board  of  education .  6,  7 

Buildings  to  be  only  of  two  stories .  11 

Bonds  to  be  given  by  women .  6 

new,  to  be  issued  to  meet  maturing .  4,  5 

Corporators . 7 

Compensation  of  members .  7 

Construction  of  buildings .  11 

County  normal  schools .  13 

cx)urt  may  establish .  13 

Control  of  county  normal  schools .  14 

County  board  of  education .  14 

to  make  report .  14 

Colored  children— rights  of .  5 

Charitable  institutions .  6 

report  to  state  superintendent .  6 

Declaration  to  he  filed .  8 

of  objects .  8 

Duties  of  treasurer .  10 

Discretionary  power  of  trustees. .  12 


PAGE, 


Examination  of  applicants .  12 

Election  of  instructors .  12 

Erection  of  buildings .  11 

Each  county  to  send  two  pupils .  12 

Expenses  a  charge  on  state  treasury .  13 

of  trustees . 12 

Election  of  county  board  of  education .  14 

Eligibility  of  women  to  school  offices .  0 

Exclusion  of  colored  children  prohibited .  5 

Funds  appropriated  for  buildings . .  IS 

how  and  when  paid .  13 

Fined  for  excluding .  5 

for  threats  or  menace .  6 


General  powers .  7 

Gratuituous  instruction . 8 

Instructors  and  instructressess .  12 

Instruction,  to  be  gratuituous .  12 

Legalizing  school  districts . .3 

Location  of  university .  11 

Limits  of  location .  11 

Legalization  of  normal  schools .  14 

Liable  for  menace  or  intimidation .  5 

Members  not  to  be  interested  In  contracts .  U 

Meetings  to  be  quarterly . 11 

Mode  of  construction .  li 

Materials  to  be  used .  li 


INDEX. 


IX. 


PAGE. 


Mauner  of  choosing  pupils . 12 

Menace  or  intimidation .  6 

Number  of  pupils  entitled  to  attend .  12 

Not  entitled  to  compensation .  7 

No  exclusion  on  account  of  color .  5 

Objects  of  university . 7,  10 

Payment  of  school  indebtedness .  4 

Power  to  locate .  7 

Powers  of  corporation .  10 

Powers  vested  in  trustees™ .  10 

Proposals  for  location .  11 

Power  of  removal.... .  12 

Prescription  of  text  book .  12 

Powers  of  county  board  of  education .  14 

Penalty  for  exclusion .  15 

Powers  of  school  trustees .  4 

'Qualifications  of  women  as  school  officers .  6 

Renting,  and  sale  of  School  Lands  . . 3.  4 

Report  to  be  made .  4 

Rights  of  colored  children .  5 


PAGE, 


State  Normal  University .  6 

State  superintendent  to  be  secretary .  7 

Southern  Illinois  Normal  University .  9 

Superintendent  of  buildings .  11 

School  officers — women  may  be .  6 

Time  of  meeting .  7 

Text-book  and  apparatus .  8 

Trustees  to  sell  right  of  way,  etc .  4 

Trustees,  may  leiise  or  rent .  4 

shall  not  be  for  longer  term  than  2  years..  4 
shall  uot  apply  to  cities  having  population 
over  100,000 .  4 

Terms  of  office .  9 

to  be  fixed  by  lot .  9 

Treasurer  to  give  bonds . 10 

Taxes  for  county  normal  schools .  14 

Two  counties  raay  unite .  14 

Threats,  menace  or  intimidation .  6 

Vacancies— how  filled .  9 

Vote  on  county  normal  school .  14 

Warrants  to  be  issued  by  auditor .  13 

Women  as  school  officers .  6 

to  give  bond .  6 


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